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PROCEEDINGS 



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OF . ^ 



THE CONVENTIONS 



(^ >" * 



OF THE 



PROVINCE OF MARYLAND, 



THE CITY OF ANNAPOLIS, 




1774, 1775, & 1776^ . ( ^^y f^ 




BALTIMORE : 

JAMES LUCAS & E. K. DEAVEE. 

ANNAPOLIS— JONAS GREEN. 

1836. 






BY TRANSFiiH 
DEC 18 'y09 



PROCEEDINGS OF THE CONVENTIONS 



OF THE 



PROVINCE OF MARYLAND, 



HELD AT 



The City of Annapolis, on the twenty-second day of June, 1774; 
on the twenty-first day of November, 1774 ; on the eighth day 
of December, 1774; on the twenty-fourth day of April, 1775; 
and on the twenty-sixth day of July, 1775. 



^^ 






PROCEEDINGS. 



At a meeting of the Committees appointed by the several coun- 
ties of the province of Maryland, at the city of Annapolis, the 
22(1 day of June, 1774, and continued by adjournment from day 
to day, till the ^Sth day of the same month, Were present, 

NINETY-TWO MEMBERS. 

MATTHEW TILGHMAN, Esq; in the the Chair. 

JOHN DUCKETT chose Clerk. 

It being moved from the chair to ascertain the manner of divid- 
ing upon questions, it was agreed, that on any division each coun- 
ty have one vote, and that all questions be determined by a major- 
ity of counties. 

The letter and vote of the town of Boston, several letters and 
papers from Philadelphia and Virginia, the act of parliament for 
blocking np the port and harbour of Boston, the bill depending in 
parliament subversive of the charter of Massachusetts bay, and 
that enabling the governor to send supposed offenders from thence 
to another colony, or England, for trial, were read, and after mature 
deliberation thereon, 

I. Resolved, That the said act of parliament, and bills, if passed 
into acts, are cruel and oppressive invasions of the natural rights of 
the people of the Massachusetts bay as men, and of their consti- 
tutional rights as English subjects ; and that the said act, if not 
repealed, and the said bills, if passed into acts, will lay a founda- 
tion for the utter destruction of British America, and therefore that 
the town of Boston and the province of Massachusetts, are now 
suffering in the common cause of America. 

II. Resolved, That it is the duty of every colony in America to 
unite in the most speedy and effectual means to obtain a repeal of 
the said acts, and also of the said bills, if passed into acts. 

III. Resolved, That it is the opinion of this committee, that if 
the colonies come into a joint resolution to stop all importations 
from, and exportations to, Great Britain, until the said acts, or 
bills, if passed into acts^ be repealed, the same vvill be the moit 



4 PROCEEDINGS OF THE CONVENTION [1774. 

speedy and effectual means to obtain a repeal of the said act or 
acts, and preserve North America and her liberties. 

IV. Resolved, Notwithstanding the people of this provice will 
have many inconveniences and difficulties to encounter, by break- 
ing off their commercial intercourse with the mother country, and 
are deeply affected at the distress which will be thereby necessarily 
brought on many of their fellow-subjects in Great Britain, yet their 
affection and regard to an injured and oppressed sister colony, their 
duty to themselves, their posterity, and their country, demand the 
sacrifice — and therefore that this province will join in an associa- 
tion with the other principal and neighbouring colonies, to stop all 
exportations to, and imporlations from. Great Britain, until the said 
acts and bills, if passed into acts be repealed : the non-importation 
and non-exportation to take place on such future day as may be 
agreed on by a general congress of deputies from the colonies — 
the non-export of tobacco to depend and take place only on a simi- 
lar agreement by Virginia and North Carolina, and to commence at 
such time as may be agreed on by the deputies for this province 
and the said colonies of Virginia and North Carolina. 

V. Resolved, That the deputies from this province are author- 
ised to agree to any restrictions upon exports to the West Indies, 
which may be deemed necessary by a majority of the colonies at 
the general conorress. 

VI. Resolved, That the deputies from this province are author- 
ised, in case the majority of the colonies should think the impor- 
tation of particular articles from Great Britain to be indispensably 
necessary for their respective colonies, to admit and provide for 
this province such articles as our circumstances shall necessarily 
require. 

VII. Resolved, That it is the opinion of this committee, that 
the merchants and others, venders of goods and merchandizes 
within this province, ought not to take advantage of the above re- 
solve for non-importation, but that they ought to sell their goods 
and merchandize that they now have, or may hereafter import, at 
the same rates they have been accustomed to do within one year 
last past; and that if any person shall sell any goods which he 
now has, or hereafter may have, or may import, on any other terms 
than above expressed, no inhabitant of this province ought, at any 
time thereafter, to deal with any such person, his agent, manager, 
factor, or storekeeper, for any commodity whatever. 

VIII. Resolved unanimously. That a subscription be opened in 
the several counties of this province, for an immediate collection 
for the lelief of the distressed inhabitants of Boston, now cruelly 



1774] OF THE PROVINCE OF MARYLAND. 5 

deprived of the means of procuring subsistence for themselves and 
families, by the operation of the said act for blocking up their har- 
bour, and that the same be collected by the conimiilces of the re- 
spective counties, and shipped by them in such provisions as may 
be thought most useful. 

IX. Unanimously resolved, That this committee embrace this 
public opportunity, to testify their gratitude and most cordial thanks 
to the patrons and friends of liberty in Great Britain, for their pa- 
triotic efforts to prevent the present calamity of America. 

X. Resolved, That Matthew Tilghman, Thomas Johnson, jun., 
Robert Goldsboroiigh, William Paca, and Samuel Chase, Esqrs., or 
any two or more of them, be deputies for this province, to attend a 
general congress of deputies from the colonies, at such time and 
place as may be agreed on to effect one general plan of conduct, op- 
erating on the commercial connection of the colonies with the mo- 
ther country, for the relief of Boston and preservation of Ameri- 
can liberty; and that the deputies for this province immediately 
correspond with Virginia and Pennsylvania, and through them 
with the other colonies, to obtain a meeting of the general con- 
gress, and to communicate, as the opinion of this committee, that 
the twentieth day of September next will be the most convenient 
time, and the city of Philadelphia the most convenient place, for 
a meeting, which time and place, to prevent delay, they are direct- 
ed to propose. 

XI. Resolved unanimously, That this province will break off all 
trade and dealings with that colony, province, or town which shall 
decline or refuse to come into the general plan which may be 
adopted by the colonies. 

XII. Resolved, That the deputies for this province, upon their 
return, call together the committees of the several counties, and 
lay before ihem the measures adopted by the general congress. 

Ordered, That copies of these resolutions be transmitted to the 
committees of correspondence for the several colonies, and be also 
published in the Maryland Gazette. 
By order, 

JOHN DUCKETT, Clk. Com. 



PROCEEDINGS OF THE CONVENTION [1774. 



At a Provincial Meeting of Deputies, chosen by several of the 
counties in Maryland, held at the city of Annapolis, Novem- 
ber the 21st, 1774, and continued by adjournment to Friday the 
2oth day of the same month. Were present, 

FIFTY-SEVEN DEPUTIES. 

MATTHEW TILGHMAN, Chairman. 

JOHN DUCKETT, Clerk. 

The delegates appointed to represent this province, at the late 
continental congress, laid the proceedings of the congress before 
this meeting, which being read and considered, were unanimously 
approved of: And thereupon it is Resolved, That every member of 
this meeting will, and every person in the province ought, strictly 
and inviolably to observe, and carry into execution, the association 
agreed on by the said continental congress. 

It is recommended by this meeting. That, during the present 
time of pu!>iic calamity balls be discontinued. 

Several counties not being fully represented, from the want of suf- 
ficient notice of the time of this meeting. Resolved, Tnat this meet- 
ing will adjourn to Thursday the Slh day of December next; and 
that a letter be wrote to those counties, earnestly to request them 
to send their deputies to attend punctually oh that day, as matters 
of very great importance to this province will be then taken into 
consideration. 

The meeting adjourned to Thursday the Slh day of December 
next. 

JOHN DUCKETT, Clerk. 



1774] OF THE PROVINCE OF MARYLAND. 



At a meeting of the Deputies appoinjed by the several countieii 
of the province of Maryland, at the city of Annapolis!, by 
adjournment, on the 8th day of December, 1774, and continued 
till the r2th day of the same month. Were present, 

EIGHTY-FIVE MEMBERS. 

Mr. JOHN HALL in the Chair. And, 

Mr. JOHN DUCKETT, Clerk. 

The proceedings of the continental congress were read, consi-^ 
dered, and unanimously approved. 

Resolved, That every member of this convention will, and every 
person in the province ought, strictly and inviolably to observe and 
carry into execution the association agreed on by the said conti- 
nental congress. 

On motion, unanimously resolved, Thai the thanks of this con- 
vention be given, by the chairman, to the gentlemen who repre- 
sented this province as deputies in the late continental congress, 
for their faithful discharge of that important trust: And the same 
was done accordingly. 

To increase our flocks of sheep, and thereby promote the wool- 
len manufacture in this province. Resolved, That no person ought 
to kill any lamb, dropt before the first day of May yearly, or other 
sheep, after the first day of January next, under four years of age. 

To increase the manufacture of linen and cotton. Resolved, That 
every planter and farmer ought to raise as much flax, hemp, and 
cotton, as he conveniently can; and the cultivation thereof is par- 
ticularly recommended to such inhabitants of this province, vj'hose 
lands are best adapted to that purpose. And Resolved, That no 
flax-seed of the growth of the present year, ought to be purchased 
for exportation, after the twelfth day of this month. 

It being represented to this convention, that many merchants and 
traders of this province, from a scarcity of cash to make their re- 
mittances, and other causes, had sold their goods, within twelve 
months next before the twentieth day of October last, at, and some- 
times even below, the prime cost; and that, in many difl^erent 
parts of this province, merchants had vended their goods at a 
very diff'erent advance on the prime cost; and it appearing to 
this convention to be unjust to compel such merchants to sell 
their goods at prime cost, and that one general rule, allowing 
a reasonable profit to the trader, and preventing him from tak- 
ing advantage of the scarcity of goods which may be occasion- 



8 PROCEEDINGS OF THE CONVENTION [1774. 

ed by the non-importation, would give great satisfaction to the 
merchants and people of this province, Resolved unanimously, that 
no merchant ought to sell his goods, at wholesale, for more than 
112 one-half per cent. — at retail, for cash, for more than 130 
per cent. — on credit, for more than 150 per cent, advance on the 
prime cost; and that no merchant, or other person, ought to en- 
gross any goods, wares, or merchandise whatsoever. And in case 
any question should arise, respecting the prime cost of goods, 
every merchant or factor possessing or owning such goods, ought 
to ascertain the same on oath, if requested to do it by the com- 
mittee. 

As a further regulation to enforce an observance of the late con- 
tinental association, Resolved unanimously, That in all cases where 
breaches of the continental association, or the resolves of this 
convention, shall happen and be declared such by any committee 
of a county, no gentleman of the law ought to bring or prosecute 
any suit whatever for such offender: And if any factor shall com- 
mit any breach of the said association or resolves, that no gentle- 
man of the law ought to bring or prosecute any suit for any debt due 
to the store of which the said factor has the management, after no- 
tice as aforesaid. 

Resolved, That it is earnestly recommended by this convention, 
to the people of this province, that the determinations of the sev- 
eral county committees be observed and acquiesced in : That no 
persons, except members of the committees, undertake to meddle 
with or determine any question respecting the construction of the 
association entered into by the continental congress : And that 
the peace and good order be inviolably maintained throughout this 
province. 

Resolved unanimously, That if the late acts of parliament, relative 
to the Massachusetts bay, shall be attempted to be carried into ex- 
ecution by force in that colony, or if the assumed power of parlia- 
ment to tax the colonies shall be attempted to be carried into exe- 
cution by force, in that or any other colony, that, in such case, this 
province will support such colony to the utmost of their power. 

Resolved unanimously, That a well regulated militia, composed 
of the gentlemen, freeholders, and other freemen, is the natural 
strength and only stable security of a free government, and that 
such militia will relieve our mother country from any expense in 
our protection and defence; will obviate the pretence of a neces- 
sity for taxing us on that account, and render it unnecessary to 
keep any standing army (ever dangerous to liberty,) in this pro- 
fince: And therefore it is recommended to such of the said in- 



1774.] OF THE PROVINCE OF MARYLAND. 9 

habitants of this province as are from sixteen to fifty years of age, 
to form themselves into companies of sixty-eight men; to choose a 
captain, two lieutenants, an ensign, four sergeants, four corporals 
and one drummer, for each company; and use their utmost en- 
deavors to make themselves masters of the military exercise : 
That each man be provided with a good firelock and bayonet fix- 
ed thereon, half a pound of powder, two pounds of lead, and a 
cartouch-box, or powder-horn, and a bag for ball, and be in readi- 
ness to act on any emergency. 

Resolved unanimously, That it is recommended to the commit- 
tees of each county to raise by subscription, or in such other vol- 
untary manner as they may think proper, and'will be most agreea- 
ble to their respective counties, such sums of money as, with any 
monies already raised, will amount to the following sums in the 
respective counties, to wit: 

In St. Mary's county, - £ 600 In Worcester, - - 533 

i. Charles, - - - 800 Somerset, - - - 533 

Calvert, ... 366 Dorchester, - - 480 

Prince-George's, - - 633 Caroline, ... 358 

Anne-Arundel, - - 866 Talbot, ... 400 

^ Frederick, ... 1333 Queen-Anne's, - - 533 

y Baltimore, - . - 933 Kent, . . - 566 

Harford, - - - 466 Cecil, - - - - 400 



£ 10,000 



And that the committees of the respective counties lay out the 
same in the purchase of arms and ammunition for the use of such 
county, to be secured and kept in proper and convenient places, 
under the direction of the said committees. 

Resolved unanimously, That it will be necessary that a provincial 
meeting of deputies, chosen by the several counties of this pro- 
vince, should be held in the city of Annapolis, on Monday the 24th 
day of April next, unless A^merican grievances be redressed before 
that time ; and therefore we recommend that the several counties 
of this province choose deputies, as soon as conveniently may be, 
to attend such meeting: And the committee of correspondence 
for this province are empowered to call a meeting of the said de- 
puties, before the said 24th day of April, if they shall esteem it ne- 
xiessary. 

Resolved unanimously, That contributions from the several coun- 
ties of this province, for supplying the necessities and alleviating 
the distress of our brethren at Boston, ought to be continued in 
2 



10 PROCEEDINGS OF THE CONVENTION [1774. 

sach manner and so long as their occnsions may require; and that 
it is the duty of the committees of each county to collect and trans- 
mit the same as soon as possible. 

Resolved unanimously, That the honourable Matthew Tilghman 
and John Hall, Samuel Chase, Thomas Johnson, jun., Charles Car- 
roll of Carrollton, Charles Carroll, barrister, and William Paca, 
Esquires, or any three or more of them, be a committee of corres- 
pondence for this province. 

Resolved unanimously, That the honourable Matthew Tilghman, 
and Thomas Johnson, jun., Robert Goldsborough, William Paca, 
Samuel Chase, John Hall and Thomas Stone, Esquires, or any three 
or more of them, be delegates to represent this province in the 
next continental congress, and that they, or any three or more of 
them, have full and ample power to consent and agree to all mea- 
sures which such congress shall deem necessary and effectual to 
obtain a redress of American grievances; and this province bind 
themselves to execute, to the utmost of their power, all resolutions 
which the said congress may adopt: And further, if the said con- 
gress shall think necessary to adjourn, we do authorise our said 
delegates to represent and act for this province, in any one con- 
gress to be held by virtue of such adjournment. 

Resolved unanimously^ That it is recommended to the several 
colonies and provinces, to enter into such or the like resolutions 
for mutual defence and protection, as are entered into by this pro- 
vince. 

As our opposition to the settled plan of the British administra- 
tion to enslave America, will be strengthened by an union of all 
ranks of men in this province, we do most earnestly recommend, 
that all former differences about religion or politics, and all private 
animosities and quarrels of every kind^ from henceforth cease and be 
forever buried in oblivion ; and we intreat, we conjure every man, 
by his duty to God, his country, and his posterity, cordially to unite 
in defence of our common rights and liberties. 

Ordered, That copies of these resolutions be transmitted by the 
committee of correspondence for this province, to the committees 
of correspondence for the several colonies, and be also published- 
in the Maryland Gazette. 
By order, 

JOHN DUCKETT, Clerk. 



[1775. OF THE PROVINCE OF MARYLAND. H 



At a meeting of the DEpariES appointed by the several counties of 
the province of Maryland, at the city of Annapolis, on Mon- 
day the 24th of April, 1775, and continued by adjournment 
from day to day, till the third of May, were present, 

ONE HUNDRED MEMBERS. 

The hon. MATTHEW TILGHMAN, Esq. in the Chair. 

GABRIEL DUVALL, appointed Clerk. 

Resolved unanimously, That his Majesty King George the third 
is lawful and rightful King of Great Britian, and that the domin- 
ions thereunto belonging, and that the good people of this pro- 
vince do owe, and will bear faith and true allegiance to our said 
lawful and rightful King, as the sovereign, constitutional guardian, 
and protector, of the rights of all his subjects. 

On motion. That a committee be appointed to prepare a draft 
of a letter to the committee of correspondence for Philadelphia, 
acquainting them that this convention had received from gentle- 
men of their committee, an Extract of a letter from New Vork, 
communicating the very interesting and important intelligence, 
that a number of troops were ordered for that city, which was to 
be the place of arms, and fortified; that all communication be- 
tween that city and the southern and eastern provinces was to be 
cut off; that the people of that colony were concerting means 
to prevent such scheme, were embodying themselves, and desired 
the immediate assistance -of the southward colonies, before the ar- 
rival of the troops ; that this convention were greatly alarmed and 
deeply concerned for that colony, and therefore desired to be ac- 
quainted with the authenticity of that account, and the particulars 
thereof; and that the committee of Philadelphia would give this 
convention as full and particular accounts of the state of the col- 
ony of New York, and of their own province, as they possibly can; 
what conduct, it is expected, will be adopted by their colony, and 
of all other matters which they may think of consequence to the 
general welfare of America. The previous question was moved 
for and put, whether the above question be now put? And resolv- 
in the affirmative. 

The above question was then put, and resolved in the affirmative. 

The following letter was accordingly sent to the committee for 
the city and liberties of Philadelphia : 



12 PROCEEDINGS OF THE CONVENTION [1775. 

Annapolis, Saturday, April 29, 1775, 5 o'clock, afternoon. 
Gentlemen, 

The extract of the letter from New-York, communicating the 
very interesting and important intelligence, "That a number of 
troops were ordered for that city, which was to be the place of arms, 
and fortified; that all communication between that city and that 
southern and eastern provinces was to be cut off; that the people 
of that colony were concerting means to prevent such schemes, 
were embodying themselves, and desired the immediate assistance 
of the southward colonies before the arrival of the troops," was 
this morning, about 10 o'clock, received, and immediately laid be- 
fore the provincial convention now sitting : The convention are 
deeply concerned for New-York, and request to be acquainted 
with the authenticity of that account, and the particulars thereof, 
and that you will advise them what conduct it is expected will be 
held by New-Yoik, your province, and the Jerseys, on the very 
interesting and trying occasion. 

By order of the convention, 

MAT. TILGHMAN, chairman of the convention. 

Resolved unanimously. That all exportations from this province 
to Quebec, Nova-Scotia, Georgia, and Newfoundland, or any part 
of the fishing coasts, or fishing islands, and to the town of Boston, 
oufht immediately to be suspended until the continental congress 
shall give further orders therein. 

Resolved, That it is earnestly recommended to the inhabitants of 
this province, to continue the regulation of the militia, as recom- 
Ijiended by the last provincial convention, and that particular at- 
tention be paid to forming and exercising the militia throughout 
this province, and that the subscriptions for the purpose by the 
said convention recommended be forthwith completed and applied. 

Resolved, That it is the sense of this convention, that the hon- 
ourable Matthew Tilghman, Esq., Thomas Johnson, jr., Robert 
Goldsborough, Samuel Chase, William Paca, John Hall, and Tho- 
mas Stone, Esquires, the delegates of our province, or any three 
or more of them, do join with the delegates of the other colonies 
and provinces, at such time and place as shall be agreed on, and 
in conjunction with them, deliberate upon the present distressed 
and alarming state of the British colonies in North America, and 
concur with them in such measuies as shall be thought necessary 
for the defence and protection thereof, and most conducive to the 
public welfare. And as this convention has nothing so much at 
heart as a happy reconciliation of the dilferences between the mo- 
ther country and the Briti.5h colonies in North America, upon a 



1775.] OF THE PROVINCE OF MARYLAND, l.-j 

firm basis of constitutional freedom ; so has it a confidence in the 
wisdom and prudence oi the said delegates, that they will not pro- 
ceed to the last extremity, unless in their judgments they shall be 
convinced that such measure is indispensably necessary for the 
safety and preservation of our liberties and privileges. That in 
the present state of public affairs, this convention is sensible, that 
measures to be adopted by the continental congress, must depend 
much upon events which may happen to arise ; and relying firmly 
upon the wisdom and integrity of their delegates, this province 
will, as far as is in their power, carry into execution such measures 
as shall be agreed on and recommended by the general congress. 

Resolved, That it be recommended, that the sum of i260U be rais- 
ed in the different counties of this province by subscription, under 
the direction of the several commitltees, in the following propor- 
tion : 

In St. Mary's county ^£36, Charles 48, Calvert 2JJ, Prince George's 
50, Anne Arundel 52, Frederick 80, Baltimore 56, Harford 28, 
Worcester 32, Somerset 32, Dorchester 29, Caroline 21, Talbot 24, 
Queen Anne's 32, Kent 34, Cecil 21. 

And that the several sums to be raised on the western shore be 
paid to Mr. Charles Wallace of the city of Annapolis, and the seve- 
ral sums to be raised on the eastern shore be paid to Mr. Thomas 
Ringgold of Chestertown, to defray the expenses of the delegates 
at the ensuing continental congress. 

Resolved, That it is recommended to all ranks and denomina- 
tions of people, to use their utmost endeavors to preserve peace 
and good order throughout this province. 

This convention, deeply considering the distressed and perplex- 
ed situation of British America, the weakness of all human coun- 
sels, and that the hearts of all men are in the disposal of the Su- 
preme Being, do recommend, that the eleventh day of this instant 
may be observed throughout this province, as a day of fasting and 
humiliation, and that the inhabitants of this province, on that day, 
in an especial manner, by prayer and supplications, humbly and 
devoutly implore the blessing, support and protection of Almighty 
God, for the preservation of the rights and liberties of America, 
and the restoration of peace, union and happiness to the British 
empire. 

This convention, taking into consideration, that the time pro- 
posed for the meeting of the next continental congress is near at 
hand, and that it is highly expedient, that the delegates of this pro- 
vince should attend the said congress as early in their session as 
may be, where the state of the city and colony of New York, as 



14 PROCEEDINGS OF THE CONVENTION [1775. 

the circumstances of the other colonies and provinces, may be best 
known, and measures for the security of the city and colony of New 
York, as well as the safety of all British America, be best concerted 
and provided for. And whereas it is now altogether uncertain when 
an answer may be received to the letter sent on Saturday last to the 
committee of correspondence in the city of Philadelphia, and it be- 
ing necessary that the members of this convention should return to 
their respective counties, it is therefore, Resolved, That this con- 
vention do now rise. — And it is recommended to such of the coun- 
ties in this province, where it may be necessary, forthwith to make 
choice of deputies to represent them in a provincial convention, 
to be held in the city of Annapolis, on Monday the 2'2d of May, 
unless an earlier or later day should be appointed by the delegates 
of this province, or any three of them, appointed to attend the 
continental congress. 

The following were received by return of the express sent by (he 
provincial convention to the committee of correspondence for 
Philadelphia. 

Philadelphia, May 1, 1775. 
Gentlkmen, 

We have duly received your favor of the 29th ult. As the ac? 
counts from New York, weie not handed to this committee through 
a channel that gave us the satisfaction we could wish ; and as they 
were very important, we thought proper immediately to despatch 
some of our members to that place, in order that they might, on 
the spot, learn the true situation of affairs there, and what the in- 
habitants of ^QVi York expect from the southern colonies. On 
their return, or on the receipt of any certain intelligence, we shall 
immediately communicate the particulars to you. 

In mean time we have to inform you, that, upon the receipt of the 
late intelligence, this city and county immediately took the alarm, 
and are forming with all possible expedition ; and by accounts from 
other counties in this province, the same spirit prevails every where ; 
and we hope, in a short time, we shall be in a condition to unite 
our efforts with the rest of the colonies. 

Inclosed we send you a letter from Newport, Rhode Island, which 
contains a particular account of the situation of affairs to the east- 
ward, together with some important intelligence. 
By order of the committee, 

JOHN NIXON, chairman. 
To Matthew Tilghman, Esq. chairman of the provincial con- 
vention of the province of Maryland, now sitting at Annapolis. 



1775.] OF THE PROVINCE OF MARYLAND. 15 

Newport, April 25, 1775. 

Gentlemen, 

You have, without doubt, before this time, heard of the bloody, 
savage massacre of a number of the inhabitauts of Lexington, a 
town about \'2 miles north-west from Boston, perpetrated by a de- 
tachment of about 1200 of the king's troops, and what ensued 
thereon. We inclose you two accounts, which may be more par- 
ticular than any you have yet received : The one was brouglit us 
by a gentleman who left Cambridge on Thursday last in the fore- 
noon, and is contained in the hand bill ; the other is in the news- 
paper. Since we received these accounts, we have been credibly 
informed that the number of the king's troops, killed and taken, 
amounts to about 300, besides many were wounded and carried 
into Boston ; the number of Americans to about 40 killed and 
wounded, and it is said about 4 or 5 taken prisoners. A large bo- 
dy of men, not less than 20,000, are assembled, and form a semi- 
circle from Charlestown to Roxbury : what their plan of operation 
will be is uTiknown. By a gentleman of the committee of corres- 
pondence for the town of Providence, in this colony, who arrived 
here this afternoon, we are informed, that the provincial congress 
of the Massachusetts bay, now sitting, have determined that a 
standing army of 30,000 men should be raised in the New England 
colonies, expecting that the southern colonies will assist in furnish- 
ing monies for their support. That our people had taken posses- 
sion of a hill on Dorchester point, which commands general Gage's 
works on Boston Neck, and that they had made entrenchment 
within gun shot of those works at Roxbury. That two men of 
war had arrived at Boston, and brought the three generals that have 
been expected, that 6000 troops had embarked for that place when 
those men of war left England. There were not more than 300 
Americans in a body at any one time during the action on Wed- 
nesday, and they acquitted themselves with such intrepidity as has 
convinced the king's officers, that Americans can and will fight 
All communication between the town of Boston and the other 
parts of the colony being shut up, and things being in a state of con- 
fusion, renders it almost impossible to obtain any certain particu- 
lar intelligence from that quarter : However, the foregoing account 
we think may be depended upon. We had hoped that the dispute 
between Great Britain and these colonies would have been settled 
without bloodshed ; but the parliament of Great Britain it seems 
have determined to push their iniquitous unconstitutional measures 
by dint of arms. The sword of civil war has been drawn by the 
king's troops, and sheathed in the bowels of our countrymen. May 



16 PROCEEDINGS OF THE CONVENTION [1775. 

peace, with liberty soon present the scabbard ; and may Americans 
never be obliged again to take up arms but against a foreign foe. 
We hope that the union, which has so remarkably taken place 
throughout the American colonies, may acquire, if possible, great- 
er firmness by this unjustifiable, inhuman, murderous attack upon 
our countrymen ; for, upon an universal firmly cemented union of 
the American colonies, under God, depends the salvation and es- 
tablishment of American liberty. I am, in behalf of the commit- 
tee of correspondence for the town of Newport, gentlemen, your 
and America's sincere friend. 

WILLIAM ELLERY. 
To the eommmittee of correspondence for the city of Philadel- 
phia. 

In committe, Philadelphia, May 1, 1775, received per capt. Whit- 
man thif day, and forwarded to Annapolis. 

J, B. SMITH, Sec. of committee. 



1776.] OF THE PROVINCE OF MARYLAND. 19 



At a meeting of the Delegates appointed by the several counties 
of the province of Maryland, at the city of Annapolis, on 
Wednesday the 26th day of July, 1775, and continued till the 
14th day of August, in the same year, were present, 

ONE HUNDRED AND FORTY-ONE MEMBERS. 

The hon. MATTHEW TILGHMAN, Esq. was chosen chairman. 

And GABRIEL DUVALL, appointed clerk. 

Resolved unanimously, That the following association be signed 
by the members of this convention, and by all other the freemen 
of this province. 
ASSOCIATION of the Freemen of Maryland, July 26, 1775. 

The long premeditated, and now avowed design of the British 
government, to raise a revenue from the property of the colonists, 
without their consent, on the gift, grant, and disposition of the 
commons of Great Britain ; and the arbitrary and vindictive stat- 
utes passed under colour of punishing a riot, to subdue by milita- 
ry force, and by famine, the Massachusetts bay; the unlimited power 
assumed by parliament to alter the charter of that province, and 
the constitutions of all the colonies, thereby destroying the essen- 
tial securities of the lives, liberties, and properties of the colonists; 
the commencement of hostilities by the ministerial forces, and the 
cruel prosecution of the war against the people of the Massachu- 
setts bay, followed by general Gage's proclamation, declaring al- 
most the whole of the inhabitants of the united colonies, by name 
or description, rebels and traitors; are sufficient causes to arm a 
free people in defence of their liberty, and justify resistance, no 
longer dictated by prudence merely, but by necessity, and leave no 
other alternative but base submission, or manly opposition, tojon- 
controllable tyranny. The congress chose the latter, and for the 
express purpose of securing and defending the united colonies, 
and preserving them in safety against all attempts to carry the above 
mentioned acts into execution by force of arms. Resolved, That the 
said colonies be immediately put into a state of defence, and now 
supports, at the joint expense, an army to restrain the further vio- 
lence, and repel the future attacks, of a disappointed and exaspe- 
rated enemy. 

We, therefore, inhabitants of the province of Maryland, firmly 
persuaded that it is necessary and justifiable to repel force by force, 
do approve of the opposition by arms, to the British troops employ- 



18 PROCEEDINGS OF THE CONVENTION [1775- 

to enforce obedience to the late acts and statutes of the British par- 
Jiament, for raising a revenue in America, and altering and chang- 
ing the charter and constitution of the Massachusetts bay, and for 
destroying the essential securities for the lives, liberties, and proper- 
ties of the subjects in the uuited colonies. And we do unite and 
associate as one band, and firmly and solemnly engage and pledge 
ourselves to each other, and to America, that we will, to the ut- 
most of our power, promote and support the present opposition^ 
carrying on, as well by arms, as by the continental association, re- 
straining our commerce. 

And as in these times of public danger, and until a reconcilia- 
tion with Great Britain, on constitutional principles, is effected, (an 
event we most ardently wish may soon take place) the energy of 
government may be greatly impaired, so that even zeal unrestrain- 
ed may be productive of anarchy and confusion ; we do, in like 
manner unite, associate and solemnly engage, in maintenance of 
good order and the public peace, to support the civil power in the 
due execution of the laws, so far as may be consistent with the 
present plan of opposition, and to defend, with our utmost power, 
all persons from every species of outrage to themselves or their 
property, and to prevent any punishment from being inflicted on 
any offenders, other than such as shall be adjudged by the civil 
magistrate, the continental congress, our convention, council of 
safety, or committees of observation. 

That the committees of observation in every^county, as soon as 
conveniently may be, appoint persons in each parish or hundred; 
to ofier or carry the said association to all freemen resident within 
their county (the household of his excellency the governor except- 
ed) and require their subscription to the same, which association, 
when subscribed, shall be returned by the committees to the con- 
vention. And in case any freeman within their county shall not 
subscribe, upon application or within ten days thereafter, his name, 
shall be returned by the said committee to the next convention, to 
the end that the convention may take order therein. 

Resolved, That there be forty companies of minute-men enrolled 
in this province as soon as may be, each of which companies to 
consist of one captain, two lieutenants, one ensign, four sergeants, 
four corporals, one drummer, one fifer, and sixty-eight privates ; 
and that the said forty companies be enrolled in the counties and 
proportions following, to wit: 

In Worcester, 1, Somerset 1, Dorchester 2, Talbot 1, Caroline 1, 
Queen Anne's 2, Kent 1, Cecil 2, St. Mary's 2, Calvert 1, Charles 



1775.] OF THE PROVINCE OF MARYLAND. 19 

3, Prince George's 3, Anne Arundel 4, Baltimore 5, Harford 3, 
Frederick 8. 

And that, for the enrollment of every such company, a proper 
person be appointed by the committee of each respective county, 
to enlist a sufficient number of men who shall voluntarily offer 
themselves, to make up the non-commissioned officers and pri- 
vates of each of the said comj)anies, for their respective county; 
in the enrolment of whom, care should be had that the men be 
strong and effective, and live as convenient as may be, for their 
frequent and ready assembling and exercising together. 

That the form of the enrollment of minute-men be as follows, to 
wit: "We whose names are subscribed, do hereby enroll ourselves 

into a company of minute men for county, agreeably to 

the resolutions of the provincial convention held at Annapolis the 
^6th day of July, 1775, to continue such until the 1st day of 3Iarch 
next, and engage, that we will respectively march to such places, 
either in this or the neighboring colonies, and at such times as we 
shall be commanded by the convention, or the council of safety 
of this province, or by our officers in pursuance of the orders of 
the said convention or council; and that we will respectively fight 
with and employ the arms wherewith we are entrusted, for the pre- 
servation of American liberty, against whomsoever we shall be 
commanded, by such authority as aforesaid, with our whole power. 
Witness our hands, this day of 1775." 

That each company as soon as enrolled and viewed, and allow- 
ed by the committee of their county, or by such person or persons 
as shall be appointed by such committee for that purpose, shall 
elect and choose their proper officers, by ballot, who shall be ap- 
pointed and commissioned by the delegates of this province sitting 
in convention, or at any time when they are not sitting in conven- 
tion, by the council of safety in the name of the convention. 

That the said companies in Frederick county compose one bat- 
tallion ; those in Baltimore and Harford counties jointly another; 
and those in St. Mary's, Charles and Prince George's counties 
jointly another; and that to each of the same battallions there be 
one colonel, one lieutenant-colonel, two majors, one quarter mas- 
ter, and one adjutant, appointed and commissioned as aforesaid, by 
the convention or council of safety. 

That as soon as conveniently may be, after the officers to the 
said battallions on the western shore are commissioned, eight men 
be drafted from every company of the said battallions) to compose 
one company of light infantry to each batt^Jljon, to which company 
the convention or council of gafety shall, as aforesaid, appoint 



20 PROCEEDINGS OF THE CONVENTION [1775. 

and commission one captain, two lieutenlants, and one ensign, 
and the captain of each company of light infantry may appoint 
non-commissioned officers thereto. 

That all the officers of the said minute-men rank according to 
their commissions and the date of priority thereof. 

That the minute-men be exercised two days in every week, and 
that for one of those days each of the non-commissioned officers 
and privates be allowed two shillings and six pence common mo- 
ney. 

That each of the said battallions in Frederick and Baltimore and 
Harford counties, be exercised in battalions, at such convenient 
times and places as shall be appointed by the field officers of the 
respective battalions, every of which times being accounted as 
one of the two days of exercise. And that the said other compa- 
nies of minute-men exercise with some battalions of militia, at 
at the times of their being exercised in battalion, in their respec- 
tive county, and as to this purpose, be subject to the commands 
of the field officers of such battalion. 

That until other arms are provided, the minute-men exercise 
with their own firelocks, but that as soon as others can be provi- 
ded by the public, each colonel have delivered to him firelocks 
with steel ramrods and bayonets, cartouch boxes, worms, priming 
wires, and brushes fitted thereto, and flints, sufficient for his bE.ttaI- 
ion, and he shall deliver to each captain in his battalion, sufficient 
for his company, who shall deliver and distribute the same to his 
company; receipts of all which deliveries shall be given, the men 
being answerable to the captains, the captains to the colonels, and 
colonels to the conventions, for the return of the said arms and 
accoutrements in good order, unless prevented by unavoidable ac- 
cidents. 

That the companies of minute-men not so joined in battalion, 
be armed and provided, and the captains and men of those com- 
panies responsible for a return of the public arms and accoutre- 
ments, in the same manner as the men of the battalions are to be 
armed and provided, and their colonels, and they are as aforesaid 
responsible. 

That every able bodied effective freeman within this province, 
between sixteen and fifty years of age, (clergymen of all denomi- 
nations, practising physicians, the household of his excellency the 
governor, minute and artillery men, and such persons who from 
their religious principles cannot bear arms in any case, excepted,) 
as soon as may be, and at furthest before the 15th day of Septem- 
ber next, shall enroll himself in sonje company of militia, in the 



T775.] OF THE PROVINCE OF MARYLAND. 21 

following form, to wit : "We whose names are subscribed, do here- 
by enroll ourselves into a company of militia, agreeable to the re- 
solutions of the provincial convention held at Annapolis the 26th 
day of July, 1775; and we do promise and engage, that we will 
respectively march to such places within this province, and at such 
times, as we shall be commanded by the convention, or the coun- 
cil of safety of this province, or by our officers in pursuance of the 
orders of the said convention or council, and there with our 
whole power fight against whomsoever we shall be commanded by 

such authority as aforesaid. Witness our hands, this day 

of 1775. 

That each company of mil.tia consist of such officers as are re- 
commended by former resolutions of the convention, and of about 
sixty-eight privates. 

That each company already formed, if it now is, or before the 
15th day of September next, shall be made up to fifty privates, or 
upwards; and shall have subscribed the said form of enrollment, 
shall confirm their election of officers already made, or elect others 
in their stead, by ballot, as they shall think proper; and that offi- 
cers so chosen for all companies which shall be hereafter formed, 
as recommended by the said former resolves; after which confir- 
mations and elections, and before the first day of October next, 
each captain of militia shall transmit a roll of his company to the 
committee of observation which shall be appointed for his county, 
who shall as soon as maybe, transmit a memorandum or certil cate 
of the names of the captains, lieutenants, and «Misign, and of the 
numbers of non-commissioned officers and privates, to the coun- 
cil of safety ; in order that commissions may issue in the name of 
the convention to those officers; which shall be done by the same 
convention, or council of safety aforesaid. 

That no company shall exceed the numbei of 74 privates, or 
consist of less than 50; and if a greater number than 71 shall be 
enrolled in any one company, theii the enrollment of any after the 
first 68 effective privates shall be deemed void, and such shall en- 
roll in some other company , and if a number of men sliall be en- 
rolled not amounting to fifty privates, besides sufficient for non- 
commissioned officers, for any one conipaiiy, they shall not be con- 
sidered as a company; yet as the local circumstances of some neigh- 
borhoods may make it very inconvenient for a lull company of mi- 
litia to meet weekly for exercise, at one and the same place, in 
such case the officers may appoint two places at each of which a 
several part of their company may be mustered, not oftener than 
three limes out of four; so that every fourth time at least the whole 
may be mustered together. 



22 PROCEEDINGS OF THE CONVENTION [1775. 

That no company be permitted to choose officers before a suffi- 
cient number of men be enrolled to make up 50 privates, besides 
non-commissioned officers. 

That after enrollment in pursuance of these resolves, no man be 
permitted to leave the company in which he shall have been enroll- 
ed, without the consent of his captain in writing. 

That the committee of observation in each county make dili- 
gent inquiry after, and transmit to the convention or council 
of safety, the name of every able bodied effective freeman as afore- 
said, in their respective county, if there shall be any such, who 
shall not enroll himself either as a minute or artillery man, or in the 
militia, according to the preceding resolves, to the end, that the 
convention may take order therein ; against whom no further-pro- 
ceedings or measures shall be taken, but by the future order of the 
convention. 

That the committee of observation for each county shall divide 
the militia of their county into battalions or companies of light in- 
fantry, each of which battalions to consist of such eight companies 
of militia as the same committee shall appoint ; and the same com- 
mittee also assigning to each battalion, one company of light infan- 
try, which light infantry shall be armed in such manner as the coun- 
cil of safety shall direct; and that to each of the said battalions 
there be one colonel, one lieutenant-colonel, two majors, one quar- 
ter master, and one adjutant, who shall be appointed and commis- 
sioned by the delegates of this province sitting in convention, or 
at any time when they are not sitting in convention, by the coun- 
cil of safety in the name of the convention ; which officers shall 
rank and martial the companies of their respective battalions. 

That every company of militia be exercised one day in every 
week, and that every battalion of militia be exercised in battalion 
at such times and places as the field officers of the battalion shall 
appoint, not ofiener than once in every month, nor seldomer than 
once in every two months; the day of exercise in battalion being 
accounted as the day of exercise for that week. 

That the colonel of every battalion of minute men and militia, 
shall employ a skilful and able adjutant for his battalion, who shall 
train and exercise the battalion, and the several companies thereof, 
according to the directions of the colonel, and shall receive for 
a month of thirty days, sixteen dollars; and that the companies of 
minute men not formed in battalion, as to the purpose of being 
trained and exercised by the adjutant, be esteemed as a company 
of the battalion with which they shall exercise as before directed. 

That every field and commissioned officer having no reasonable 



[1775. OF THE PROVINCE OF MARYLAND. 2J 

excuse shall appear at the time and place of muster, and there do 
and perform his duty according to his office and station; and for 
every neglect or refusal, he shall be fined a sum not exceeding fif- 
teen shillings common money, to be adjiidgeil if a field officer, by 
the other field officers present, or a majoriiy of them; and if a 
commissioned officer, below the rank of a field officer, by the other 
commissioned officers present, or the major part of them. 

That every non-commissioned officer and private of the minute 
men and militia appear at the time and place appointed for their re- 
spective appearance, for mustering, with his firelock and other ac- 
coutrements in good order, and there orderly, diligently, and obe- 
diently attend to instruction, and perform his exercise in arms, ac- 
cording to the commands and orders of his officers, and if any min- 
ute or militia man shall not appear at the time and place of muster 
with his firelock and other accoutrements in good order, having no 
reasonable excuse, or shall not there, after appearance, behave him- 
self decently, and in a manner suitable to the attention and care 
requisite in such exercise, he shall forfeit and pay a sum not ex- 
ceeding five shillings common money for every such neglect or 
misbehaviour, which shall be determined by the captain, lieutenants 
and ensign, or any two of them, either on their own view, or on 
representation and proof thereof, and on non-payment shall be 
committed to the custody of the sergeant of his company till pay- 
ment. 

That if complaint shall be made of gross misbehaviour, or breach 
of duty of any commissioned officer, by any committee of observa- 
tion, or any two commissioned officers of the corps or company to 
which such officer, against whom complaint shall be made, doth 
belong, or by any one officer of superior or equal rank to the officer 
complained against, then the council of safety may appoint a court 
martial, to consist of not less than five, nor more than nine of the 
commissioned officers, of the same corps or county, who, or a ma- 
jority of whom, shall hear, try, determine, and give sentence on 
such oflTence, so that the same sentence extend not further than to 
a pecuniary fine, not exceeding ten pounds common money, or to a 
public and solemn acknowledgment of the fault of the offending 
officer, or to a suspension or loss of his military commission; which 
sentence being transmitted to, and approved by the council of safe- 
ty, shall be accordingly executed. 

That all fines on officers of inferior rank to a field officer, and 
also on non-commissioned officers and privates, shall be to the use 
of the company to which such person belongs, and that all fines 
on field officers to be to the use of the battalion to which they re- 
spectively belong. 



2^ PROCEEDINGS OF THE CONVENTION ]1775. 

That if any company or corps of minute or militia men shall be 
called forth into actual service, the officers and men respectively 
who shall be so called forth, whilst they are in actual service, shall 
be subject and liable to the rules and regulations established by the 
continental congress for the government of the continental army, 
and shall for a month of thirty days, and so pro rata, be entitled to 
and receive the following pay, to wit: 

A Colonel, - - £-li) Each Sergeant, - - £2 10 
A Lieutenant Colonel, 1(5 Each Corporal, - - -2 5 
A Major, - - - 1-2 Each Drummer, - 2 5 
A Quarter-master, - 7 10 Each Fifer, - - -250 
An Adjutant, - - 7 10 Each Private, - - 1 17 6 
Each Captain, - - 9 A Surgeon, - - - 15 
Each Lieutenant, - 7 10 f>ery Surgeon Assist. 7 10 
Each Ensign, • - - 6 

That if a sufficient number of men shall enroll to make up a 
company of artillery men, they may ciroose their proper officers, 
who shall be corrrmissioned as aforesaid, and subject to the same 
rules as the militia. 

And whereas, it is absolutely necessary in this time of imminent 
danger, that there should be some power existing, which may su- 
perintend the execirlion of the orders and resolutions of the con- 
vention, and occasionally, from time to time, promote the prudent 
and necessary preparations for defence, arrd in case of necessity, 
call forth a due proportion, or even the whole of the force of the 
province, in an orderly and regular manner, whereby the strength 
of the whole will be greatly increased in the common defence, and 
the rights and liberties of all better secured. 

Resolved, That sixteen persons, eight of whom residing on the 
western shore, and eight on the eastern shore, shall be chosen by 
ballot, by this conventiorr, and be styled and denominated the coun- 
cil of safety of Maryland. 

That any nine or more of the said council of safety convened, 
or the major part of them, direct and regulate the operations of the 
minute men and militia, and may as aforesaid, grant all military 
commissions, appoint and commission field officers, and appoint 
and regulate the rank of all nrilitary officers. And in the recess of 
the convention call forth the minute men into action in any place 
or places in this province or the neighboring colonies, and the mi- 
litia into action in any place or places in this province, at such time 
and times, in such proportions, and on such occasions as they may 
judge necessary; and do all such other matters and things for se- 
curing and strengthening this province and providing for the de- 



1775.] OF THE PROVINCE OF MARYLAND. 05 

fence thereof, as they shall deem necessary and expedient, and 
execute such other powers as may be entrusted to them by the 
convention of this province. 

That as at some times a necessity for taking speedy measures, 
may be so pressing that a delay til! the council of safety could as- 
semble togetlier, would be highly dangerous, and many things of 
less moment may well and more conveniently be transacted by a ma- 
jority of members residing on the respective shores, the members 
residing on either shore respectively, or the major part of them, or 
such of them as shall be in this province, may not only grant com- 
missions for court martials when applied for, and hear, determine, 
and punish liigh and dangerous offences, according to the resolu- 
tions of this convention, but may also in case of instant danger, 
or pressing necessity, call forth the minute men or militia of their 
respective shore ; yet it is recommended, if time will permit, for 
the whole council of safety, or nine of them to meet and consult 
together, that those of either shore do not separately call forth the 
minute men or militia, and that if time will not permit such meet- 
ing and consultation, then, as soon after the separate act done as 
may be, the whole council of safety shall be summoned, and the 
orders and resolutions of a majority of any nine or more of them, 
shall control and govern ; it being the intention of this convention 
that a joint council, when the same can be held on things of mo- 
ment, should have the supreme direction. 

That any two or more of the said council of safety call a meet- 
ing of the members on their respective shore, or of the whole. 

That any officer of the minute men or militia may be supended 
from the exercise of his commission by the council of safety, or 
that branch of it residing on the shore whereon such officer resides; 
or if the council of safety should think proper, they may, upon full 
hearing, displace any field officer, and appoint and commission 
another in his stead ; and that on the death, resignation or remo- 
val of any commissioned office, below the degree of a field officer, 
from his office, the council of safety may appoint and commission 
another in his stead. 

That the council of safety, or either branch thereof, for expenses 
incurred on its respective shore, may from time to time, draw orders 
on the treasurer of their respective shore, for the bills of credit to 
be issued by virtue of the resolutions of the convention, who shall 
accordingly pay such orders. 

That the council of safety may, in case they shall th-nk it neces- 
sary, summon and call the convention to meet before the day to 
which it may stand adjourned. 
4 



26 PROCEEDINGS OF THE CONVENTION [1775. 

That the council of safety continue sucli until the next conven- 
tion, and no longer, and that they render an account of thoir pro^ 
ceedings, and always be subject to the control of the conventin. 

Resolved, In order to prevent an abuse of power from a contin- 
uance thereof in the same persons, that at each convention, eight 
members of the preceding council of safety, four residing on the 
eastern and four on the western shore, shall be ineligible to the 
succeeding council; and that the said eight persons, immediately 
before the choice of the new council of safety, be ascertained by 
ballot. 

That for providing for the defence of this province, and for en- 
couraging and promoting the mantifacture of salt-petre, erecting 
of a powder mill, and the several other purposes directed by this 
convention, Resolved, That bills of credit of the denomination of 
dollars and parts of a dollar, to the amount of 2GG,6G6 dollars, and 
two third parts of a dollar, be printed and struck with all convenient 
speed, under the care and direction of Messrs. Thomas Hyde and 
Willaim Wilkins, supervisors, in manner and form following, to 
wit: 

"This bill of shall entitle the bearer hereof, to receive gold 

and silver, at the rate of four shillings and six pence sterling per 
dollar, for the said bill, according to a resolve of the provincial 
convention of Maryland, held at the city of Annapolis, on the 
26th day of July, 1775." 

That the said bills shall have such devices and marks as the said 
supervisors shall think proper, and the number of the said bills, as 
well as the denominations tliereof, shall be the following and no 
other, to wit : seven thousand and ninety-six bills of sixteen dol- 
lars each, seven thousand and ninety-six bills of eiorht dollars each, 
seven thousand and ninety-six bills of four dollars each, seven 
thousand and ninety- six bills of two dollars and two-thirds of a 
dollar each, ten thousand five hundred and twelve bills of one dol- 
lar and two-thirds of a dollar each, ten thousand five hundred and 
twelve bills of one dollar and one-tliird of a dollar each, ten thou- 
sand five hundred and twelve bills of one dollar each, and ten thou- 
sand five hundred and twelve bills of two-thirds of a dollar each. 

That the supervisors shall use the best of their caie and dili- 
gence that the said bills, according to their respective denomina- 
tions aforesaid, and according to the manner and form aforesaid, 
be forthwith printed; and that the number of any of the denomi- 
nations thereof be not exceeded, or any clandestine or fraudulent 
practice used by the printer, his apprentices, servants, or others 
concerned in printing thereof. 



[1775. OF THE PROVINCE OF MARYLAND. 27 

That the printer and all his apprentices and servants, which he 
may employ in the said work, before he or they enter upon the 
same, take before some justice of the peace, in the presence of one 
or both of the supervisors, the following oath, to wit: "I, A. B. 
do swear, that I will truly, faithfully and honestly perforin the duty 
of printer of the bills of credit, directed to be printed by a resolve of 
ihe convention of Maryland; and that I will not advisedly print, or 
stamp, a greater number of blank bills of credit than in that resolve 
mentioned ; or of any other denominations than therein expressed, 
except such sheets as may be so blotted, unfair or imperfect, in the 
impressing or printing thereof, that the same shall be unfit for use« 
So help me God." 

That the printer shall not, by himself, servants, or any other per= 
son oy him employed, print, stamp, stitch, or bind the said bills, or 
any of them, but in presence of one or both of the said supervi- 
sors ; and in every intermission of the work, the supervisors shall 
safely and securely lock up the press and stamps, with which the 
work shall be performed, and the impressions that shall be then 
made, in the room in which the printing and binding shall be done, 
and the keys of such room shall keep in their possession ; and 
when all the said bills shall be printed and stamped, the stamps 
shall be delivered by the printer to the said supervisors, and by 
them to the convention of this province, or in their recess to the 
council of safety. 

That Charles Wallace, John Davidson, Nathan Hammond, Rich- 
ard Tootel, James Brice, John Brice, Thomas Brook Hodgkin, 
John Duckett, Robert Lloyd Nicols, Samuel Sharpe, Richard Tilgh=i 
man, jr., James Hindman, Peregrine Tilghman, William Perry,/ 
Jeremiah Banning, and Joseph BrufF, be signers of the said bills. 

That the said supervisors, as soon as the said bills shall be print- 
ed, stamped, stitched, and bound, shall deliver three fourth parts 
thereof in value to the treasurer of the western shore, and the 
other fourth part thereof in value to the treasurer of the eastern 
shore ; and the said treasurers shall deliver out to the signers, re- 
siding on their respective shore, sufficient of the said bills, to be 
immediately numbered and signed by them, not only for payment 
of the money immediately demandable from them respectively, but 
also to the amount of 30i)0 dollars over and beyond the same; and 
each of the same bills shall be signed and numbered by some two 
of the said signers, and returned again to the respective treasurer; 
and so from time to time, shall the said bills be delivered out, sign- 
ed, numbered, and returned, either of the said treasurers not kee{)- 



28 PROCEEDINGS OF THE CONVENTION [1775. 

ing by him, at any one time, ready numbered and signed, more 
than 30U0 dollars beyond the said monies now payable. 

That recepts of every delivery of the said bills, before and after 
the numbering and signing the same, be given by the treasurers 
and signers. 

That Thomas Harwood, junior, be treasurer for the western, and 
William Hindman, treasurer for the eastern shore, who shall, from 
time to time, out of the said bills of credit, pay off and discharge 
all such drafts and orders as shall be made by order of this con- 
vention, or the council of safety, or either branch thereof, as afore- 
said. 

That the treasurer of the western shore, out of the bills of cred- 
it, pay to each of the supervisors two dollars and two-thirds of a 
dollar, for each day's attendance as aforesaid ; to the engraver of 
the said bills, one hundred and ninety-two dollars for his services; 
and to the printer, four hundred dollars for his services, and the 
paper, ink, and other materials necessary for the said work. And 
the said treasurers shall also respectively pay to each signer of 
every thousand of the said bills, one dollar and one third part of a 
dollar for his service. 

That each of the said treasurers shall retain, for his services, at 
the rate of one-half per cent, on all monies by him paid and de- 
livered, and no more. 

That the said treasurer of the western shore shall give bond in 
the penalty of twelve thousand pounds sterling, and the treasurer 
of the eastern shore shall also give bond in the penalty of four 
thousand pounds sterling; both of which bonds shall be with suffi- 
cient securities, to be approved of by any two of the obligees in 
the said bonds, and payable to the honorable Matthew Tilghman 
and Daniel of St. Thomas Jenifer, Esquires, and Charles Carroll of 
Carrollton and Edward Lloyd, Esquires, conditioned for such trea- 
surer's faithful discharge of his trust. 

That he will keep a just and true account of all bills of credit and 
monies which he shall receive or pay, and of the names of those 
to whom the same shall be paid or delivered ; and that he will 
render a true and perfect account of all payments by him made, to 
the convention of Maryland, or the council of safety, or any other 
persons by a convention of this province appointed to examine his 
accounts; and that he will be answerable for all bills of credit and 
monies which he may receive, and pay all orders drawn by the con- 
vention, or council of safety, or the branch thereof residing on his 
shore. 

That torn and defaced bills shall be exchanged at reasonable and 
convenient times. 



1775.] OF THE PROVINCE OF MARYLAND. 29 

That the said bills of credit shall be redeemed and sunk on or 
before the first day of January, 17S6, by taxes, or otiier legislative 
provision. 

That this convention bind their constituents, and pledge the 
faith of this province, for the redemption of the said bills, on or be* 
fore the said first day of January, 178G. 

Resolved, That the freeholders of ench county in this province, 
and other freemen having a visible estate of forty pounds sterling, 
or qualified by law to vote for burgesses, do on the second Tuesday 
of September next, meet together at the court-houses of their re- 
spective counties, (except as herein after excepted) and do there, 
under the inspection of their respective delegates in this present 
convention, or any three or more of them, to whom it is recom- 
mended to attend for that purpose, by a majority of voices of such 
of the said electors as shall be present, elect, of the most discreetand 
sensible of those who are qualified as aforesaid to vote, a com- 
mittee of observation for each county respectively, for the term of 
one year then next following, to consist of the following numbers; 
that is to say, for St. Mary's county, twenty-four ; for Charles 
county, thirty-two; for Calvert county, fifteen ; for Prince-George's 
county, thirty-three; for Anne Arundel county, thirty-four ; for Fred- 
erick county, fifty-three; for Baltimore county, thirty-seven ; for Har- 
ford county, eighteen ; for Worcester county, twenty-one ; for Somer- 
set county, twenty-one ; for Dorchester county, ninteen; for Caro- 
line county, fourteen ; for Talbot county, sixteen ; for Queen-Anne's 
county, twenty-one ; for Kent county, twenty-two : for Cecil coun- 
ty, sixteen. And that from and after such election, the committees 
of observation in being, at and immediately before such elec- 
tion, in each county respectively, be and are hereby declared to be 
dissolved. 

That the committees so to be elected, or a majority of any seven 
or more of them, met together, shall have full power and authority 
to carry into execution the association and resolves of the con- 
tinental congress and conventions of this province, so far as the 
same relate to the commercial opposition to the measures of the 
British ministry, in which the united colonies are engaged; and to 
censure any person or persons, who within their respective counties 
shall be by them adjudged to have been guilty of any breach or 
breaches thereof, in such manner and degree as hath been or shall 
be directed by the said congress and conventions. And shall fur- 
ther have full power and authority, on probable proof that any per- 
son has been guilty of any high and dangerous oflTence, tending to 
disunite the inhabitants of this province in their present opposition, 



30 PROCEEDINGS OF THE CONVENTION [177^. 

or to destroy the liberties of America, to cause such person to be 
apprehended, and forthwith sent, together with the charge against 
him, to the coiincii of safety on that shore where the offence shall 
be committed, who shall proceed to examine into the charge, and 
if the same shall be sufficiently proved, pronounce sentence there- 
on, that such pers(jn be imprisoned, in such place and manner, 
and for such time, as slinl! be adjudged, not beyond the rising of 
the next convention, who, if they think proper, may take further 
order therein ; or that he depart this province within a certain time 
to be limited. 

That all persons pay obedience to and acquiesce in the determi- 
nations of such committees of observation and council of safety, 
and that no person whatsover, other than the said committees and 
council, persume to inflict any punishment for any such breaches 
or offences. And on the same day, or the next, to which the said 
delegates are empowered to adjourn, the said electors also choose 
by ballot, five of the most discreet and sensible of such freemen, as 
aforesaid, of their county, to be delegates for the same, in any 
provincial convention to be held for this province, within one year 
then next following, with full power and authority to such delegates, 
or any three or more of them, to appear and act for such county, in 
such convention ; and to cansent and agree to, and bind such county 
to preform and execute all such matters and things as such conven- 
tion or a majority of the counties of this province shall determine to 
be necessary for the preservation of the liberties of America. 

And in case any of the said delegates shall die, or refttse to act, 
the said committee of observ ation for the respective county shall havfe 
full power to appoint by ballot one of the said committee, to be dele- 
gate for the said county, with the like power and authority, in the 
place of any such delegate who shall die or refuse to act ; provided 
that no such appointment shall be made, unless two third parts of 
such comn)iltee shall be present. 

That each committee of observation shall, as soon as convenient- 
ly may be after their appointment, choose by ballot five of their mem- 
bers, to be a committee of correspondence for theircounty, for the 
said time of one year^ with power to any two or more of them to 
act as such. 

That as the small-pox is now at Queen's-town, and it will in all 
probability be dangerous to the inhabitants of Queen Anne's 
county to assemble there for electing the committee of observation 
and delegates for that county, the election of the committee of 
observation and delegates for the said county shall be held at the 
house of George Hanson, instead of the court-house of that county. 



1?75.] OF THE PROVINCE OF MARYLAND. 31 

That for the ease and convenience of the people of Frederick 
county, tliere be three different places of election ; that the said 
county be divided into three districts, to wit, upper, middle, and 
lower; the upper district to be bounded by the south mountain, 
and the lines of the county westward of the south mountain : the 
middle district to bounded from the mouth of Monocacy with 
Potowmack to the south mountain, with that mountain to the 
temporary line, with the lines of the county to the head waters of 
Patuxent, and with the lines of the lower district to Potowmack ; 
the lower district to be bounded with Potowmack to the mouth of 
Monocacy, then with Monocacy to Bennett's creek, and with the 
creek to the head waters of the Patuxent: that there be elected in 
the lower district one delegate, two persons to act as a committee 
of correspondence, and seventeen as a committee of observation : 
that in each of the other districts there be elected two delegates 
and eighteen persons to act as a committee of observation, and 
that three persons be elected in the middle district to act as a com- 
mittee of correspondence. That the elections for the upper district 
be held at Elizabethtown, those for the middle district at Freder- 
icktown, and those for the lower district at Hungerford's ; and 
that no person residing or voting in one shall be admitted to vote 
in either of the other districts. 

Resolved, That for encouraging the manufacture of salt-petre, 
a sum not exceeding one thousand pounds common money be ad- 
vanced, on proper security, for erecting one or more salt-petre 
works, to be repaid in good merchantable salt-petre at the rates 
herein after mentioned : and that for all good merchantable salt-petre 
manufactured in this province and delivered to the order of the 
council of safety, before the first day of October, 1776, there shall 
be allowed at the rate of half a dollar per pound, according to the 
resolves of the continental congress. 

That a sum not exceeding one thousand pounds common mo- 
ney, be appropriated for erecting and working a powder mill on 
the account of this province ; and that the said two sums of one thou- 
sand pounds each, be under the management of the council of 
safety. 

Resolved^ Thdii the committee of observation in each county 
appoint one or more person or persons in their respectve counties, 
to receive all sums of money, which shall be voluntarily given, to 
be applied towards the arming and defending this province, or to- 
wards erecting manufactories of any kind, or for the immediate re- 
lief of such of the inhabitants of this province as are or may be- 
come necessitous, from the present general calamities ; which per- 



3-2 PROCEEDINGS OF TPIE CONVENTION [1775. 

boiis shall trive receipts for the money by them respectively received, 
and keep and return accounts thereof to the treasurer of their re- 
spective shore, specifying and distinguisiiing from whom the same 
shall have been received, and if any, what part thereof shall have been 
given for either of the said purposes, particularly: and the said mo- 
ney shall be paid to the said treasurer, and may beiapplied and laid 
out by the council of safety, or that part of it residing on each 
shore respectively, for the purposes before mentioned; having re- 
gard, in the application, to the intention of the donors, and promo- 
ting the subsistence of the necessitous, rather by erecting manu- 
factories, and the employment of such as labour therein, or in work 
of any kind, than by immediate gifts; it being the opinion of this 
convention that such charities may be rendered much more exten- 
sively beneficial, by having the same placed under a general direc- 
tion ; and that the council of safety may also, on proper security 
and terms they approve of, advance a sum not exceeding one thou- 
sand pounds common money, for erecting and carrying on one or 
more salt works in this province. 

Resolved, That the committee of observation in each county, 
as soon as may be, transmit to the branch of the council of safety for 
their respective shore, a particular account of all arms and ammuni- 
tion purchased in their county, pursuant to resolves of the convention 
in December last, and of all sums of money subscribed and actu- 
ally paid in or contributed, and by whom, for the purchase of the 
said arms and ammunition ; and that each branch of the council 
of safely order the treasurer of their shore to pay to such person 
as shall be appointed by each of the said committees, on their re- 
spective shore, the amount of the money so paid in and actually 
expended in the purposes aforesaid, before the transmitting of such 
account, that the same, as well as all other money paid in, not ex- 
pended as aforesaid, may be returned to the subscribers or contri- 
butors thereof. 

Resolved^ That the honourable Matthew Tilghmam and John 
Beale Bordley, Esqs., and Robert Goldsborough, James Hollyday, 
Richard Lloyd, Edward Lloyd, Thomas Smyth, and Henry Hooper, 
Esqrs., residents of the eastern shore, and the honourable Daniel 
of St. Thomas Jenifer, Esq., and Thomas Johnson, jun., William 
Paca, Charles Carroll, barrister, Thomas Stone, Samuel Chase, 
Robert Alexander, and Charles Carroll of Carrollton, Esqs., resi- 
dents of the western-shore, or any nine of thein, be a council of 
safety tor this province. 

That every membet of the council of safety, before he enters 
on the execution of his oflice, having subscribed the assocation, 
^ake before some justice of peace, the following oath, to wit. 



1775.] OF THE PUOVINCE OF MARYLAND. 33 

"Voii, .\. B. (It) swear, Uiat any inalicr or tiling which shall come 
to your knowledge as a member of iho council of safely, and wliich 
you shall know is by a majority of the council ordered to be kept se- 
cret, you will not divulge, unless in a convention of delegates, or to 
the members of the council of safety, or with the leave of the con- 
vention, or oC a majority of the council of safety. So help you 
GOD." And that the clerk oi" the council of safety, or of either 
of the said branches thereof, shall before he enters on execution 
of his office, before some justice of the peace, take an oath in the 
same form, except, instead of the words "a< a member of the council 
of safety," inserting, "as clerk of the council of safety," or "as 
clerk of the eastern or western shore branch ol' the coutjcil of safe- 
ty," as the case may be. 

Rcsolve<l, Thai the resolution made by the convention of this 
province, held at the city oi Annapolis in December last, "That 
no person ought to kill any lamb dropt belore the first day of May 
yearly, or other shee|) after the first day of January then next, un- 
der four years of age," be repealed, so iar as it relates to thekillirjg 
of lamb; but it is earnestly recommended, that the continental re- 
sove respecting the killing of sheep be most strictly observed. 

Resolved, That in all suits and actions now depending or com- 
menced within this province, where there is no real dispute, the 
suitors and attornies proceed, with all convenient speed, to settle 
the same by judgment, reference, or other amicable way; and 
that all suits and actions now depending or commenced (where 
there are real disputes, and which cannot be settled in an amicable 
manner, or tried with justice to the parties) ought to stand and 
remain, during these times of public calamity, in their present state 
and condition, or be continued until otherwise ordered by act of 
assembly, or some future convention ; save and except only that 
bail may surrender their principals in their own discharge, and for 
want of other bail, that the principal may be committed ; and that 
hereafter proper provision ought to be made, by act assembly, for 
reinstating, re-establishing, and prosecuting the business of the 
courts, and for barring the act for the limitation of suits. 

Resolved, That in all suits and actions now depending or com- 
menced, the depositions of any witness or witnesses, taken before 
two justices of any county court, or one of the justices ofthe provin- 
cial court of this province, in presence of the adverse party to him 
that requires such depositions to be taken, if upon due notice he 
thinks fit to be present, or upon notice doth refuse to be present, (the 
notice being proved) ought to be received as good evidence in any 
ofthe courts of this |)rovincc, as if such evidence were personally 
5 



34 PROCEEDINGS OF THE CONVENTION [1775. 

present upon the trial, and should declare the same viva voce; pro- 
vided such witness or witnesses cannot be had at the trial of the 
cause in which such depositions shall be taken. 

Resolved, That no civil original writ, suit, or action shall be 
commenced or renewed in any court of law, or any magistrate's 
warrant of a civil nature issued, within this province, after publica- 
tion and due notice of this resolve, unless in the following cases, 
to wit; actions founded in wrong done to the person or property ; 
such as ejectment, trespass, trover, replevin, detinue ; also all real 
actions, actions for words, and for money or tobacco actually had 
and received by one person for the use of another; attachments under 
the late act of assembly, and against persons non-resident; actions or 
process on loan office bonds; without the license or permission 
of the committee of observation of the county where the debtors or 
defendants reside, which shall or may be granted in the instances 
and manner herein after mentioned, and not otherwise ; that the 
said committees respectively do, upon application, give license for 
bringing or prosecuting suits in the following cases, that is to say; 
when debtors refuse to renew their obligations or other securities, 
or to give reasonable security, or to liquidate and settle their ac- 
counts and give promissory notes for the balances, or to refer their 
disputes, if any, to one or more indifferent persons, or are justly sus- 
pected of intention to leave the province, or to defraud their cre- 
ditors ; and that the said committees may in their discretion grant 
licenses in the following cases, to wit, for the bringing actions by 
and against executors and administrators, as such, and their secu- 
rities, and for the bringing actions against guardians for the re- 
covery of filial portions, or the rents and profits of orphans' estates. 

Resolved, That no execution shall issue upon any judgment ob- 
tained in the provincial court after April term last, or in the county 
courts after the last March adjourned courts, without such license 
as aforesaid, save only in the cases above specified, or where the 
original actions shall be brought by license from the committee of 
observation. 

Resolved, That the committees of observation now in being in 
each county, and the committees of Frederick county, in their re- 
spective districts, meet as soon as they conveniently can, after pub- 
lication and due notice of these resolves, and that committees here- 
after to be chosen, meet as soon as they conveniently can, at the 
court house, or some other place agreed upon by themselves, and 
appoint by the ballot, seven of their number to be a committee for 
licensing suits ; which said committee shall meet on the first and 



1775] OF THE PROVINCE OF MARYLAND. 35 

third Mondays in every monih, for llie purpose of receiving appli- 
cations, and give notice of the place whom they intend to meet. 

Resolved, That it is earnestly recommended by this convention 
to all the inhabitants of this province, to make payment without 
compulsion when they are able, or give security as above mention- 
ed, and particularly that they pay the public taxes, and interest 
money due in the loan-office; it being the design of this conven- 
tion to prevent oppression and imprisonment of poor debtors, but 
not to give any pretence of non-payment lo those who are of suffi- 
cient ability to pay their just debts. 

Doubts being entertained, whether merchandize or other com- 
modities taken on board craft, or in any manner water borne, before 
the 10th day of September next, may not be considered as exported 
within the 4th article of the continental association, although the 
said merchandise or commodities be not before that time taken on 
board the ship or vessel that shall export the same, Resolved, That 
where any such merchandise or other commodity whatsoever, is or 
shall before the same 10th day of September be laden on board the 
ship or vessel that shall actually export the sanje, such loading on 
board shall be deemed a sufficient exportation, within the spirit and 
intention of the said article, and not otherwise. 

It appearing to this convention, that a person arrested by the sher- 
iff of Baltimore county, and in his custody for debt, had been res- 
cued by some disorderly people in that county, and that the riot had 
been suppressed, and the prisoner so rescued had been restored to 
the custody of the said sheriff, by the intervention and activity of 
captains Buchanan and Gist, and the companies under their com- 
mand. And this convention being fully impressed with the neces- 
sity that the civil power in the ordinary administration of justice 
should be sui)ported, it is Resolved, That this convention do highly 
approve of the conduct of the said captains and their companies, 
in the suppression of the said riot, and support of the civil authori- 
ty, and that this resolve be communicated to the said captains and 
their companies, by the delegates of Baltimore county in this con- 
vention. 

Ordered, That out of the public arms in the possession of colonels 
Joshua Beall, Richard Lloyd, Edward Lloyd, and Henry Hooper, a 
quantity of arms, with proportion of lead and ammunition sufficient 
for a company, be by them delivered to such captain of minute men 
as the council of safety shall direct. 

Resolved, That the late committee of observation for Cecil county 
be authorised to act as usual, until the second Tuesday of Septem- 
ber next. 



36 PROCEEDINGS OF I'lfR CONVENTION. [1775. 

Resolved, TUat the lionourahlc Mnttliow Tilgliinan, Es(|. and 
Thomas Jolinson.jiMi., Ilohrrl (ioldshoroiigli. William Pana, Sainl. 
Chase, Thomas Sione, and John Hall, Es(irs., or any three or more 
of them, be deputies to represent this province in continental con- 
gress, and that they or any three or more of them, have full and am- 
ple power to consent and agree to all measures which such con- 
gress shall deem necessary and effectual to obtain a redress of Ameri- 
can grievances; and further we do authorise our said deputies to 
represent and act for this province in any continental congress 
which may be held before the 25th day of March next. 

Ordered, That the treasurer of the western shore j)ay to Thom- 
as Johnson, jun., Samuel Chase, William Paca, John Hall, and 
Thomas Stone, Esqrs., or either of them, the sum of five hundred 
pounds common money, and that the treasurer of the eastern shore 
pay to the honourable Matthew Tilghman, and Robert Goldsbo- 
ough, Esqrs., or either of them, the sum of two hundred pounds 
common money, to defray the expenses of their deputation to the 
next continental congress. 

Resolved, That the treasurer of the western shore pay the dele- 
gates who attended the late congress, the sum of one hundred and 
twenty-six pounds sixteen shillings and six-pence common money, 
out of the bills of credit to be issued, being the balance of their 
actual expenses ; and that the several counties which have not al- 
ready paid in their proportion of money, for support of the said 
delegates, shall pay the same as soon as may be, to said treasurer, 
for the use of the public. 

Resolved, That there be a convention of delegates of this pro- 
vince at Annapolis, on the third Tuesday of March next, or on such 
day before that time as shall be appointed by the council of safety. 
Ordered, That a committee be appointed to report the expenses 
attending the sitting of this convention, and that Mr. Chase and 
Mr. Goldsborough be a committee for that purpose ; who report the 
expenses as follows, to wit: 
To Gabriel Duvall, for 20 days attendance as clerk, 

at 20s. common money per day £-2,0 

To Robert Reynolds, for 20 days attendence as door 

keeper, at 10s. per day 10 

To Robert Reynolds, for candles and cleaning the room 110 



iesi 10 

Ordered, That the treasurer of the western shore pay the above 
sums. 

Signed bv order of the convention, 

G. DUVALL, Clk. 



PROCEEDINGS OF THE CONVENTION 

OF THE 

PROVINCE OF MARYLAND, 

HELD AT 

The City of Annapolis, on Thursday, the seventh of December, 

1775. 



[ins. 



PROCEEDINGS OF THE CONVENTION. 



39 



At a Convention of Delegates, chosen by the several counties 
of the province of Maryland, at the city of Annapolis, on Thurs- 
day the seventh of December, 1775. 

PRESENT. 



For St. Mary's County. 
John Allen Thomas, 
Richard Barnes. 

Charles County. 
William Smallwood, 
Francis Ware, 
Josias Hawkins, 
Thomas Stone, 
Robert T. Hooe. 

Calvert County. 
Benjamin Mackall, 4th, 
Alexander Somerville, 
Edward Gannt, 
Patrick Sim Smith, 
William Allein. 

Prince George's County. 
Joseph Sim, 
Thomas Contee, 
John Rogers. 

Anne Arundel County. 
Charles Carroll, barrister, 
Thomas Johnson, jun. 
Samuel Chase, 

Charles Carroll of Carrollton. 
Frederick County, Middle District. 
Charles Beatty, 
Baker Johnson. 

Lower District. 
Henry Griffith. 

Baltimore County. 
Robert Alexander, 
Benjamin Nicholson, 

The honorable MATTHEW TILGHMAN, Esq., was unanimous- 
ly chosen President, 
And Mr. GABRIEL DUVALL, appointed Clerk. 



John Moale, 
Walter Tolley, jun. 
Jeremiah T. Chase. 

Harford County. 
John Love, 
Richard Dallam. 

Cecil County. 
John Veazy, jun. 
Joseph Gilpin, 
John D. Thompson, 
Nathaniel Ramsey, 
Patrick Ewing. 

Kent County^ 
Peregrine Letherbury, 
Emory Sudler, 
William Sluby. 

Queen Anne's County. 
Turbutt Wright, 
James Tilghman. 

Talbot County. 
Matthew Tilghman, 
Nicholas Thomas. 

Caroline County, 
Joshua Clark, 
Richard Mason. 

Somerset County. 
George Dashiell, 
Gustavus Scott. 

Worcester County. 
Samuel Handy, 
Smith Bishop, 
Joseph Dasheill. 



40 PROCEEDINGS OF THE CONVENTION [1775. 

Ordered, That Gabriel Duvall qualify himself as clerk, by taking 
oath, that he will faithfully, diligently and honestly, discharge the 
office of clerk to this convention, and that he will not disclose or 
reveal the secrets thereof. 

The convention appointed Mr. Allen Quynn messenger to attend 
this convention, and ordered that he qualify himself as such, by 
takincr the oath of office and secrecy, as above directed to be taken 
by the clerk. 

The convention appointed Mr. Robert Reynolds door keeper, 
and ordered that he qualify himself as such, by taking the oath of 
office and secrecy, as above directed to be taken by the clerk. 

Ordered, That the clerk write to the several absent members, 
and require their immediate attendance here. 

The convention adjourns till to-morrow morning half after nine 
o'clock. 

FRIDAY, December 8, 1775. 

Convention met. All nioiiibers present as on yesterday. The 
proceedings of yesterday were read. Mr. Richard T. Earle, a 
member for Queen Anne's county, appeared and took his seat in 
the house. 

Certificates of the qualification of the clerk, messenger, and 
door keeper, were produced and filed. 

A letter from Mr. John Hanson, jun., chairman of the commit- 
tee of Frederick county, was read, together with several papers 
therein enclosed, relating to Allen Cameron, John Smith, and John 
Connolly, now in custody, by order of the said committee. 

On motion, Resolved, That a sun) not exceeding two hundred 
pounds currency, be appropriated for building a strong log jail, in 
Frederick town, in Frederick county, at least thirty feet long and 
twenty in breadth, lined with two inch j)lank on end, of two sto- 
ries, with split logs, and plank floors, the upper story to be divided 
into three rooms, with a stove in each room. And that a small 
house be built for the keeper, and occasionally for a guard, enclos- 
ing the door of the said jail. 

Ordered, That the treasurer of the western shore pay the said 
sum of money, or any part thereof, to James Johnson and Thomas 
Beatty, or their order, and that the same, or such part thereof, as 
shall be necessary, be laid out by them in building the said jail. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 
Convention met. 

Ordered, That the messenger be directed to hire an express to 
dispatch letters to the several absent members. 



1775.] OF THE PROVINCE OF MARYLAND. 41 

Tlio coiivciilion adjourns till to-inorruw nioiniiig hall' after nine 
o'clock. 

SATURDAY, December 9, 1775. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. 

On motion, Resolved, That a committee be appointed to exam- 
ine the several claims upon the treasury, and report the same to 
the convention ; and Mr. Contee, Mr. Sim, Mr. Earle, Mr. Hooe, 
Mr. Moale, and Mr. Tolley were elected by ballot to be the said 
committee. 

Resolved, That they, or any four of them, have power to act. 

Resolved, That the several returns of subscriptions for arms and 
ammunition, within this province, be referred to the said commit- 
tee. 

Mr. Peter Waters, a member for Somerset county, appeared and 
took his seat in the house. 

The house taking into their consideration, that this province, by 
means of the necessary attendance of some of its deputies now in 
convention, is at present unrepresented in congress, directed the 
president to know of Mr. John Hall, whether it was convenient 
for him to attend in congress; and Mr. Hall having signified that 
it was very inconvenient to him at this time, and that it was his 
wish, that some other gentleman might be appointed in his stead ; 
and it being represented, that Mr. Robert Goldsborough, through 
long indisposition, is at present unable to attend that service, it is 
therefore, 

Resolved, That, in the present critical and dangerous situation 
of the United Colonies, it is highly necessary that three deputies 
from this province do immediately attend in congress, now sitting 
at Philadelphia ; and that for this purpose, two gentlemen be now 
appointed, and added to the number of deputies already chosen ; 
and Robert Alexander and John Rogers, Esquires, were elected by 
ballot. 

Resolved, That Robert Alexander and John Rogers, Esquires, 
together with those already chosen, be deputies to represent this 
province in the continental congress ; and that the said deputies, 
or any three or more of them, have full and ample power to con- 
sent and agree to all measures which such congress shall deem ne- 
cessary and effectual to obtain a redress of American grievances, 
and be authorised to represent and act for this province in any 
continental congress which may be held before the twenty-fifth 
day of March next. 

Adjourned till 3 o'clock. 
6 



42 niOCEEDINGS OF THE CONVENTION [1775. 

POST MEREDIEM. 

Convention met. Mr. John Ennalp, and Mr. James Murray, 
members for Dorchester county, Mr. William Adams and Mr. John 
Adams, members for Somerset county, and Mr. Aquila Hall, a 
member for Harford county, appeared and took their scats in the 
house. 

On motion, Resolved, That the deputies from this province to 
the continental congress, be each allowed the sum of fifteen pounds 
common money per week, during their attendance in congress. 

Convention adjourns till Monday morning half after 9 o'clock. 

MONDAY, December 11, 1775. 

Convention met. All members present as on Saturday, except 
Mr. James Tilghnian, Mr. Mackall, Mr. Smith, Mr. Sim, Mr. Con- 
tee, Mr. Rogers, Mr. Gilpin, and Mr. Moalc. The proceedings of 
Saturday were read. Mr. Pollard Edmonson and Mr. James Lloyd 
Chamberlaine, members for Talbot county, appeared and took their 
seats in the house. 

The proceedings of the committee of observation for Talbot 
county, relative to Mr. Francis Baker, a member relumed for the 
said county, together with several resolves of the continental con- 
gress, were read the first time and ordered to lie oo the table. 

On motion. Resolved, That the parliamentary post be not permit- 
ted, or suffered to travel in or pass through this province, with any 
mail, packages or letters; and the several committees of observa- 
tion are requested and directed to see this resolution strictly ob- 
served and executed. 

Ordered, That the above resolve be published in the Maryland 
Gazette. 

On motion, Resolved, That every member of this convention, 
consider himself under the ties of virtue, honour, and love of his 
country, not to divulge, directly or indirectly, any matter or thing 
agitated or debated in convention, during the time of debate, or be- 
fore the same shall be determined, which the mover thereof shall 
openly request to be kept secret, without the leave of the conven- 
tion, or a majority thereof, or any matter or thing, which a majority 
of the convention shall order to be kept secret; and that every 
person who shall violate this agreement, shall be expelled this con- 
vention, and considered as an enemy to America, and liable to be 
treated as such ; and that every member signify his consent hereto 
by signing the same. 

Adjourned till 3 o'clock. 



1775.] OF THE PROVINCE OF MARYLAND. 43 

POST MEREDIEM. 

Convention met. 

The convention took into their consideration the proceedings of 
the committee of Talbot county, on tlie case of Mr. Francis Ba- 
ker, who had been guilty of a breach of the continental associa- 
tion, and who had been since elected a member for Talbot coun- 
ty. The said Francis Baker appeared, acknowledged his offence, 
and expressed great contrition and sorrow for the same, and pray- 
ed a remission of the penalty annexed by the congress to his crime, 
that he might not be declared an enemy to America, but be permit- 
ted to enjoy the rights of a member of this community, on such 
terms and conditions as this convention may think proper to im- 
pose ; and promised a strict compliance with all continental and 
provincial resolutions: whereupon it is Resolved, That the seat of 
the said Francis Baker l)e vacated, and that the electors of Talbot 
county elect another person as a member and committee man for 
that county, in the room and place of the said Francis Baker, the 
committee giving ten days notice of the election, excluding the 
days of notice and election, and any three of their members to be 
judges thereof: That the said Baker not offering himself for any 
office of trust, his offence be not published, nor any further pro- 
ceedings had against him. 

Ordered, That the clerk make out and transmit a copy of the 
above resolve to the committee of observation for Talbot county. 

On motion, Resolved, That this convention will, on Thursday 
next, take into consideration the state of the province. 

The proceedings of the eastern shore branch of the council of 
safety, relating to Mr. Isaac Atkinson, were read the first time, and 
ordered to lie on the table. 

Convention adjourned till to-morrow morning half after nine 
a'clock. 

TUESDAY, December 12, 1775. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Contee, Mr. James Tilgh- 
man, Mr. Mackall, Mr. Smith, and Mr. Gilpin, appeared in the 
house. 

On motion, Resolved, That the committee of observation for 
Talbot county, be requested immediately to send Isaac Atkinson, 
under a guard of four of the militia of that county, to this con- 
vention; and that the sheriff of Talbot county deliver the said At- 
kinson to such guard. 



44 PROCEEDINGS OF THE CONVENTION [1775. 

Ordered, That the accounts of expenses attending the prosecu- 
tion of Isaac Atkinson, be referred to the committee appointed to 
examine the several claims upon the treasury. 

The proceedings of the committee of Kent county, relative to 
the conduct and behaviour of the Rev. John Patterson were read, 
and are as follow : 

"At a meeting of a special committee held for Kent county, on 
the 16th day of August, anno domini 1775, present, Thomas Smyth, 
chairman, and thirteen members. 

"This committee being informed that the Rev. Mr. John Pat- 
terson, of Kent county, had some lime past publicly spoken words 
which reflected upon the convention ; upon which the matter was 
considered, and Resolved, that summons issue to the said Patterson, 
for him to appear before the next committee to be held for the 
county aforesaid, on Monday the 21st instant, to which time this 
committee is adjourned." 

"Monday, the 21st day of August, the committee mot according 
to adjournment, present, thirty-one members. 

"The Rev. John Patterson appeared in consequence of the sum- 
mons issued at the last meeting, and being interrogated with re- 
gard to the disrespectful words which it was alleged he had spoken 
against the convention, confessed that he had reflected on the 
proceedings of the convention, as well that held in December 
last, as the one held in July last; that the first had undertaken to 
preclude persons who were not members of the committee, from 
judging of the propriety of their proceedings ; that he conceived 
the said convention had entered into that resolution, to cover a 
duplicity of conduct of the continental congress ; that it was de- 
priving men of their liberty, and that he considered himself brought 
as a criminal, to receive a mock trial ; that the multitude were de- 
luded ; that he did not see why he should not judge upon the pro- 
ceedings of the convention, it was a liberty the people of New 
York had taken; upon being asked who in New York, he answer- 
ed, doctor Cooper and doctor Chandler, and said that he should 
think it a higher honor to be ranked with those gentlemen, than 
to have the approbation of this comn)ittee, or even the convention ; 
that the last convention had treated James Chrystie in a tyrannical, 
cruel, and oppressive manner, and that there was more liberty in 
Turkey than in this province; that the convention had forbid him 
from passing any censure on the congress ; that he had not done 
it since, and that if the committee should forbid him from passing 
- any censure on the convention, he would not, but should then con^ 
fine himself to censures on the committee. 



1775.] OF THE PROVINCE OF MARYLAM). 



45 



"Upon which it was unanimously vntcd, that tho whole proceed- 
ings against said Patterson be transmitted to the council of safety 
for this province, for them to take order therein. 
"A true copy from the minutes. 

W. HALL, clerk com." 
Whereupon it is Resolved, That the committee of observation 
for Kent county be requested immediately to take into custody the 
Rev. John Patterson, and send him under a guard of four of the 
militia to this convention. 

On motion. That Mr. Robert Buchanan, elected a deleo-ate for 
Kent county, attend his duty in convention on Monday next the 
18th of this present month, and that the committee of observation 
for that county procure a copy of this order to be served on Mr. 
Buchanan as soon as may be. The previous question was called for 
and put, whether the above question be now put? Carried in the 
negative. 

Ordered, That the treasurer of tlie western shore pay to Samnel 
Chase, or his order, forty pounds common money, to be accounted 
for. 

On motion, Resolved, That no boat or other vessel belono-intr to 
this province, go out of this province without a license in writino- 
from this convention, the council of safety hereafter to be appointed, 
or from some committee of observation, and that the particular place 
such boat or vessel shall be designed to go to, shall be expressed in 
all licenses granted by the committees of observation. And if any 
such boat or vessel shall be navigated beyond the limits of this pro- 
vince without such license, or if after having obtained such license 
the skipper thereof shall, without absolute and inevitable necessi- 
ty, go to, or touch at, any place out of this province, other than 
that mentioned in such license, or shall carry any person or letter 
of which he shall not give previous notice to such committee, or 
shall bring back any person, or letter, of which he shall not ffive 
notice to some committee of observation, as soon as may be after 
his return, such skipper, and all other persons accessary to such 
misbehavior, may be punished by imprisonment ; but it is under- 
stood that this resolution is not to prohibit the crossing Potowmac, 
although the boats or vessels employed or used therefor should 
go up the creeks or arms of Potowmac river making into Viro-inia, 
or to prohibit passing or repassing at the ferry on Potowmac river. 
On motion. Resolved, That no member of this convention de- 
part the house without leave thereof. 
Adjourned till 3 o'clock. 



4G PROCEEDINGS OF THE CONVENTION [1775. 

POST MEREDIEM. 

Convention mot, Mr. Robert Tyler, a member from Prince 
George's county, and Mr. Jeremiah Jordan, a member from Saint 
Mary's county, appeared and took their seats in the house. 

A petition from the frontier inhabitants of Frederick county, and 
a memorial from the magistrates of said county, were read the first 
time and ordered to lie on the table. 

Ordered, That a committee be appointed to inquire into the truth 
of the facts set forth in the memorial from Frederick county court, 
and the petition of the frontier inhabitants of said county, and re- 
port the same to the convention ; and Mr. Smalhvood, Mr. Jere- 
miah T. Chase, Mr. Jolm Allen Thomas, Mr. Chamberlaine, and 
Mr. James Tilghman were electt:d by ballot, a committee for that 
purpose. 

Mr. Sim appeared in tlie house. 

Convention adjourns till to-morrow morning lialf after 9 o'clock. 

WEDNESDAY, December 1-3, 1775. 

Convention met. .All members present as on yesterday, except 
Mr. Alexander. The proceedings of yesterday were read. 

Mr. John Stull, a member for the upper district of Frederick 
county, and Mr. Henry Hooper, a member for Dorchester county, 
appeared and took their seats in the house. 

On motion, Resolved, That a committee be appointed to devise 
the best ways and means to promote the manufacture of salt-pe-. 
tre ; and Mr. Carroll, of Carrolllon, Mr. Thomas Johnson, Mr. 
Bishop, Mr. Ramsey, and Mr. Gilj)in, were elected by ballot, a 
committee for that purpose. 

A letter from the committee of observation for Somerset county, 
to the eastern shore branch of the council of safety, dated '21st 
November, 1775, was read. 

Resolved, That this convention doth approve the conduct of the 
committee of observation for Somerset county in raising the com- 
pany of men mentioned in the said letter. 

Resolved, That this province will discharge the pay, according 
to the rates allowed by the last convention to militia in actual ser- 
vice, of the said company, and also the reasonable expenses of 
subsistence from the time of their entering into actual service, till 
the further order of this convention. 

Resolved, Tliat the said company of men be subject to the or- 
ders of the said committee, who shall provide for their pay and 
subsistence. 



1775.] OF THE PROVINCE OF MARYLAND. 4*}^ 

Resolved, That the treasurer of the eastern shore pay to the said 
committee, si.x hundred dollars on account, and that such part 
thereof as may be necessary, be expended by them for the purposes 
aforesaid. 

Ordered, That the clerk make out and transmit a copy of the 
above resolutions to the committee of Somerset county. 

Ordered, That the committee of claims be a committee to ex- 
amine the accounts of the treasurers of the eastern aud western 
shores, and report the state of the same. 

On motion, Resolved, That a committee be appointed to exam- 
ine and report the returns by the committees of observation, of per- 
sons in the several counties of this province, who have subscribed, 
or refused or neglected to subscribe, the association directed by the 
last convention; and Mr. Wright, Mr. Chamberlaine, and Mr. Tol- 
ley, were elected by ballot, a committee for that purpose. 

Resolved, That a committee be appointed to examine and report 
the returns by the committees of observation of the companies of 
artillery, minute and militia men, enrolled or formed into battal- 
ions, and of the persons who have enrolled themselves either as 
minute, or artillery-men, or in the militia, according to the direc- 
tions of the last conveniton ; and Mr. Mackall, Mr. Nicholson, 
and Mr. James Tilghman, were elected by ballot a committee for 
that purpose. 

Resolved, That a committee be appointed to examine and re- 
port the quantity of arms and ammunition belonging to this pro- 
vince, and the state and condition of such arms and ammunition, 
and Mr. Ware, Mr. Beatty, and Mr. Hooper, were elected by bal- 
lot a committee for that purpose. 

Ordered, That association papers be immediately transmitted to' 
Kent Island, to be subscribed by the freemen of that Island, and 
that the delegates of Queen-Ann's county transmit the same. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. William Ennalls, a member for Dorches- 
ter county, Mr. Nathaniel Potter and Mr. Henry Dickinson, mem- 
bers for Caroline county, and Mr. Peter Chaille and Mr. Johri 
Done, members for Worcester county, appeared and took their 
seats in the house. Mr. Waters and Mr. Handy have leave of ab- 
sence. 

The covention being informed that there are a number of can- 
non and shot at Fort Cumberland, Old Town, and Fort Frederick, 
and also a number of small arms at Isaac Baker's in Frederick Coun- 
ty belonging to the public. 



48 PROCEEDINGS OF THE CONVENTION [1775. 

Resolved, That tlie committee for iiujuiiiug into the state of 
arm? and anuniinitioii, agree with some person or persons for the 
carriage of such of the said cannon as are fit for use, and shot, to 
Baltimore Town, and for the collection of as well the said small 
arms, as any other small arms in Frederick county belonging to the 
public, and conveying them to Fredericktown, to be there repair- 
ed and put in order. 

Convention adjourns till to-morrow morning half after 9 o clock. 

THURSDAY, December 14th, 1775. 

Convention met. All members present as on yesterday, except 
Mr. Waters and Mr. Handy. The proceedings of yesterday were 
read. 

A memorial from Alexander M'Faddon, of Frederick county, 
was read the first time and ordered to lie on the table. 

Mr. Benjamin Rumsey, a member for Harford county, appeared 
and took his seat in the house. 

The convention having received information, that Ezekiel Hun- 
ter of Caroline county, had by his conduct broke up a company of 
militia of that county, and refused to submit to and abide by the de- 
termination of the said committee upon his conduct, and had 
brought with him to the committee an armed force to oppose the 
determination of the said committee, Resolved, That the commit- 
tee of observation for Caroline county be empowered immediately 
to take into custody the said Ezekiel Hunter, and examine into his 
conduct, and either confine him in the jail of their county, or send 
him under a sufficient guard with the charge against him, to this 
convention, or acquit and discharge him as the convention shall 
think proper. 

Ordered, That the clerk make out and transmit a copy of the 
above resolution to the comniiltcc of Caroline county. 

Mr. Mason has leave of absence. 

It appearing to this convention by sundry depositions, that Wil- 
liam Bartlett Townsend of Worcester county, had left this province 
with inimical designs against the same, and that the said William 
Bartlett Townsend, had carried sundry inhabitants of this province 
to join Lord Dunmore, who is now carrying on hostilities against 
the colony of Virginia, and has committed depredations upon the 
property of some of the inhabitants of this province; and this con- 
vention being also informed, that the committee of observation for 
Worcester county had fixed a guard upon the estate of the said 
William Bartlett Townsend, as well to save the same from waste, 
as to prevent the said VV^illiani Bartlett Townsend carrying the ne- 
groes thereon to join him with lord Dunmore; and application hav- 



i'5'75.] OF THE PROVINCE OF MARYLAND. 49 

ing been made by Bartlett Townsend, son of the said William Bart- 
lett Townsend, to take the management of the said estate into his 
possession, to secure the same against waste, and to prevent the 
negroes thereon being removed. 

Resolved, That it be recommended to the committee of observa- 
tion for Worcester county aforesaid, to commit the said estate to 
(he said Bartlett Townsend, taking bond with sufficient security, 
for his taking care of, managing and securing the said estate, and 
every part thereof, first having the same inventoried and apprais- 
ed, and to be accountable for the same; and to take such measures 
as shall be necessary to prevent the negroes on the said estate be- 
ing carried out of this province, or removed to any place where they 
may be liable to be taken out of this province, and to return and 
deliver up the said estate, and every part thereof, as soon as the said 
William Bartlett Townsend shall surrender himself to the commit- 
tee of Worcester county, to take his trial before the convention if 
sitting, or the council of safety hereafter to be appointed. 

Ordered, That the clerk make out and transmit a copy of the 
above resolution to the committee of observation for Worcester 
county. 

Mr. Robert Buchanan, a member for Kent county, appeared and 
took his seat in the house. 

A petition from sundry inhabitants of Baltimore county, relative 
to the election of committee men and delegates for said county, be- 
ing read. Ordered, That the same be taken into consideration 
on Wednesday next. 

Adjourned till 3 o'clock. 

POST MERIDJEM. 

Convention met. 

The proceedings of the committee of Kent county were read to 
Mr. Robert Buchanan in his place, and the said Robert Buchanan 
heard thereon; upon which Mr. Buchanan confessed that he had 
refused to enroll according to the resolution of the last convention, 
and that in consequence of his reasons, fourteen others had also 
refused; and declared, he having conceived himself not well treated 
by the said committee, at the time the said proceeding passed, was 
rather short in his answers to them, and did not give the commit- 
tee that satisfaction respecting his conduct, in the subject by the 
said proceedings referred to, as was in his power, or as he would 
have done, had he not apprehended himself ill treated by the 
committee. Mr. Buchanan then withdrew, and the convention 
7 



50 PROCEEDINGS OF THE CONVENTION [1775. 

having considered the said proceedings and conduct of the said 
Robert Buchanan. 

Resolved, That the proceedings of the committee of Kent coun- 
ty, respecting Mr. Buclianan, are approved by this convention : 
And that Mi. President from the chair signify to the said Robert 
Buchanan in his place, that this convention censures the conduct 
of the said Robert Buchanan, in having refused to enroll in the mi- 
litia, on the terms directed by the last convention, and in having en- 
couraged others to imitate his example; thereby setting up his own 
judgment in opposition to the determinations of that convention, 
and that the said Robert Buchanan be informed by Mr. President, 
that he and those who disapproved the scheme adopted by the same 
convention, for regulating the militia, ought to have applied to the 
next convention for such alterations as they thought necessary ; 
that such applications would have been duly considered and attend- 
ed to ; but that the said Robert Buchanan ought in the mean time 
to have acquiesced in the regulations agreed to in convention by 
the representative body of the province. 

Ordered, also, That Mr. President signify to Mr. Buchanan, 
that this convention highly disapprove his conduct and behaviour 
before the committee, respecting the charge exibited against him, 
which the said committee were bound by their duty, to examine in- 
to and proceed on. 

Mr. Sudler has leave of absence till Monday next. 

Ordered, That the committee of Kent county deliver to Mr. Sud- 
ler, out of the public arms in their possession, one hundred firelocks, 
forty bayonets, two hundred pounds of powder and all the cutlasses. 

The order of the day for taking into consideration the state of 
the province being read, Ordered, That the same be referred for 
further consideration till to-morrow. 

Mr. A-llein has leave of absence. 

Convention adjourns till to-morrow morning half after 9 o'clock. 

FRIDAY, December 15th, 1775. 

Convention met. All members present as on yesterday except 
Mr. Mason and Mr. Allein. The proceedings of yesterday were 
read. James Hollyday, Esquire, a member for Queen-Anne's coun- 
ty, and Mr. Thomas Bond, a member for Harford county, ap- 
peared and took their seats in the house. 

Upon reading the proceedings of the committee of Anne Arun- 
del county against Robert Davis, he appeared and presented a mem- 
morial, which was read and considered, and thereupon Mr. Pres- 
ident was directed to inform Mr. Davis, that it was his duty to at- 



1775.] OF THE PROVINCE OF MARYLAND. 51 

tend the committee, when requester!, and to subscribe the asso- 
ciation, when offered to him ; that this convention highly disap- 
proves his indecent conduct and' behaviour to the gentlemen or- 
dered by the committee of Anne Arundel county to compel his at- 
tendance before them, but in consideration of his submission and 
sorrow for his offence, have ordered him to be discharged. 

Ordered, That Robert Davis's memorial, with a copy of the above 
resolve, be sent to the committee of Anne Arundel county. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. Josias Beall, a member for Prince George's, 
appeared and took his seat in the house. Mr. Bond has leave 
of absence. 

On motion. Resolved, That a committee be appointed to draw the 
form of commissions for the officers of the militia of this province, 
and Mr. Thomas Johnson, Mr. Hollyday, and Mr. Wright, were 
elected by ballot a committee for that purpose. 

Mr. Nicholson has leave of absence till Monday next. 

Resolved, That if the assistance of the militia of Somerset and 
Worcester counties, or either ol them, should be needed and request- 
ed by the committee of Accomack or Northampton county, this 
convention is desirous such assistance should be given ; and this 
province will pay and subsist the militia in that service. 

The order of the day for taking into consideration the state of 
the province was read and considered ; Ordered, That the same bo 
referred for further consideration until to-morrow. 

Convention adjourns till to-morrow morning, half after 9 o'clock. 

SATURDAY, December 16, 1775. 

Convention met. All members present as on yesterday except 
Mr. Nicholson and Mr. Bond. The proceedings of yesterday were 
read. Mr. Sim has leave of absence. 

Upon reading the proposals of Jacob Myer of Frederick county, 
for building a powder mill ; Ordered, That the same be referred 
to the committee for devising the best ways and means to promote 
the manufacture of salt petre. 

The order of the day, for taking into consideration the state of the 
province, was read and considered, and after some time spent in 
debate thereon, Resolved, That this convention will, in fhe after- 
noon, resolve itself into a committee of the wliole house, to con- 
sider of the same. 

Adjoarned till 3 o'clock. 



52 PROCEEDINGS OF THE CONVENTION. [1775. 

POST MERIDIEM. 

Convention met. Mr. Gantt has leave of absence. 

Isaac Atkinson, according to oider, being brought before the 
convention in custody of Captain William Hyde, the proceedings 
of the Eastern shore branch of the council of safety, respecting the 
said Isaac Atkinson, were read ; and he was informed by Mr. Presi- 
dent, that the convention would hear any thing, which he had to 
say in mitigation of his offence ; the said Isaac Atkinson declared, 
he never meant to injure America, his native country, and was ex- 
tremely sorry for what he had done ; that he was ready and willing 
to make any concessions, and atonement to his country, which 
were in his power, and this convention thought necessary ; that he 
was willing to give security for his good behaviour in future ; where- 
upon, it is Resolved, That the President reprimand the said Isaac 
Atkinson for the offence, of which he stands condemned ; and that 
the said Isaac Atkinson be informed by the President, that this con- 
vention views him, as a man guilty of a crime of a heinous nature 
against this country, which was and is entitled to his aid and assis- 
tance : but that this convention, considering the penitence and con- 
triton of the said Isaac Atkinson, and that a numerous family must 
suffer by a continuance of his imprisonment, had thought proper to 
mitigate his punishment. 

Resolved, That the said Isaac Atkinson be discharged from confine- 
ment, first having given bond with good security, payable to the 
President, in the sum of one thousand pounds currency, for his fu- 
ture good behaviour; and for the payment of such resonable ex- 
penses as shall be adjudged by the convention to have been incur- 
red in guarding and confining him. 

Resolved, That the thanks of this convention are due to the com- 
tnittee of Somersett county, and to all those patriotic and spirited 
friends of Worcester and Somerset counties, who were active in ar- 
resting and securing the said Isaac Atkinson, and quelling that dan- 
gerous spirit, which was discovered by the said Isaac Atkinson, 
and others, who joined in inimical designs against this country. 

Ordered, That the said Isaac Atkinson be continued in custody, 
till he give the security above mentioned. 

Ordered, That four men of Captain Hyde's company guard the 
said Isaac Atkinson. 

The Convention resolved itself into a committee of the whole 
house. Charles Carroll, Esq., barrister, in the chair. 

After having spent some time in considering the state of the pro- 
vince, Mr- President resumed the chair; and Mr. Carroll reported. 



1775.] OF THE PROVINCE OF MARYLAND. 53 

that the committee, according to order, had taken under their con- 
sideration the state of tlie j)rovince, but not being able to go 
through the same, had directed him to move for leave to sit again. 

Resolved, That this convention will, on Monday next, resolve 
itself into ihe said committee. 

Convention adjourns till Monday morning half after 9 o'clock. 

MONDAY, December IS, 1775. 

Convention met. All members present as on Saturday, except 
Mr. Gantt, Mr. Sim, and Mr. Sudler. The proceedings of Sat- 
urday were read. Mr. William Baird, a member for the upper dis- 
trict of Frederick county, appeared and took his seat in the house. 

The petition of Thomas McCobb of Lincoln county, in the co- 
lony of Massachusetts bay, was read the first time and ordered to 
lie on the table. 

The Rev. Mr. Patterson, according to order, was brought before 
the convention in custody of a guard of four of the militia of cap- 
tain Johnson's company. The proceedings of the committee of 
Kent county, respecting the conduct and behavior of the said Rev. 
Mr. Patterson, were read ; and he was informed by Mr. President, 
that the convention would hear anything he had to offer in his de- 
fence. Mr. Patterson was then heard and ordered to withdraw. 

Ordered, That he attend in the afternoon at three o'clock. 

Adjourned till three o'clock. 

POST MERIDIEM. 
Convention met, and took Mr. Patterson's case into considera- 
tion, and thereupon Resolved, That Mr. Patterson be informed by 
the president, that it is not the intention of this convention to pre- 
clude the inhabitants of this province from judging of their pro- 
ceedings with decency and temper; but that those who apprehend 
any defect therein, ought to apply for such alterations and amend- 
ments, as may be thought proper and necessary; and such appli- 
cations will always be attended to and duly considered. And in the 
mean time this convention expects an acquiescence in such mea- 
sures as may be thought necessary for the safety of the country, 
until the same are reconsidered by the representative body of the 
people. That the expressions and declarations made use of by the 
said Mr. Patterson were highly indecent and intemperate, for 
which, and for his disrespectful conduct to the committee of Kent 
county, he deserves the censure of this convention. That the pre- 
sident do accordingly censure Mr. Patterson for the indecency and 
intemperance of his expressions and declarations, reflecting upon 



54 PROCEEDINGS OF THE CONVENTION [177r>. 

the proceedings of the conventions of this province, and for his dis- 
respectful conduct to the committee of Kent county, and caution 
him against such behavior in future. 

That in consideration of Mr. Patterson's declaration and reso- 
lution, that he will not do any act to oppose or impede measures 
which have been and are thought necessary for the preservation of 
American liberty, and upon his acknowledging beforejthis conven- 
tion, the impropriety of his rash and imprudent behavior before the 
said committee, and paying the expenses incurred in bringing him 
to the convention, he be discharged. 

Resolved, That this convention do highly approve the conduct 
of the committee of Kent county, in calling to account the Rev. 
Mr. Patterson, for having spoken disrespectfully of the proceed- 
ings of the conventions of this province, in terms which cannot be 
justified by an individual in opposition to the representative body 
thereof. 

Ordered, That the committee of observation for Frederick coun- 
ty, immediately send in two wagons, under the guard of four of 
their militia and an officer, to Baltimore town, three thousand 
pounds of gunpowder, to the care of Mr. William Lux of that 
town. 

A letter from the committee of Baltimore county was read. Or- 
dered, That the same be referred to a committee of the whole 
house. 

The order of the day for taking into consideration the state of 
the province was read. Ordered, That the same be referred for 
consideration till to-morrow. 

The convention adjourns till to-morrow morning half after nine 
o'clock. 

TUESDAY, December 19, 1775. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. 

The petition of Abraham Jarret and Robert Harris, captains of 
companies of minute men in Harford county, was read the first 
time and ordered to lie on the table. 

On motion, that the proceedings of the eastern shore branch of 
the council of safety, together with the depositions therewith sent, 
relative to Benjamin Shockley, be read ; the same were read ac- 
cordingly. 

Thereupon it is Ordered, That the committee of Worcester 
county order Benjamin Shockley before them, and reprimand him, 
and upon his making proper concessions that he be discharged. 



1775.] OF THE PROVINCE OF MARYLAND. 55 

The order of the day for taking into consideration the state of 
the province was read. 

The convention resolved itself into a committee of the whole 
house to consider of the same ; Mr. Carroll in the chair. 

After some time spent therein, Mr. President resumed the chair, 
and Mr. Carroll reported, that the committee according to order 
had under their consideration the state of the province, but not be- 
ing able to go through the same, had directed him to move for leave 
to sit again. 

Resolved, That the same be referred for further consideration till 
to-morrow. 

Mr. Wright has leave of absence. 
Mr. John Duckett was appointed clerk assistant to the convention. 

On motion, Ordered, That the' committee of claims estimate and 
report a proper allowance to a guard for the security of prisoners 
or offenders. 

A petition from sundry inhabitants of Harford county, was read 
the first time and ordered to lie on the table. 

Convention adjourns till to-morrow morning half after 9 o'clock. 

WEDNESDAY, December 20, 1775. 

Convention met. All members present as on yesterday. Mr.^ 
Sim and Mr. Gantt appeared in the house. The proceedings of 
yesterday were read. 

The order of the day for taking into consideration the petition 
from Baltimore county, which was referred from Thursday last to 
this day, being read, the same was considered, and thereupon it is 
Resolved unanimously, that Robert Alexander, Benjamin Nicholson, 
John Mole, Walter Tolley, jun., and Jeremiah T. Chase, returned 
delegates for Baltimore county, are duly elected. 

The petition of Samuel Dorsey, of Anne Arundel county, was 
read the first time and ordered to lie on the table. 

The order of the day for taking into consideration the state of 
the province, being read. Ordered, That the same be referred for 
consideration till to-morrow. 

Convention adjourns till to-morrow morning half after 9 o'clock. 

THURSDAY, December 21, 1775. 

Convention met. All members present as on yesterday, except 
Mr. Wright. The proceedings of yesterday were read. 

A letter and deposition of Thomas Hammond, and the memori- 
al of William Whetcroft, were read the first time and ordered tcr 
lie on the table. 



56 PROCEEDINGS OF THE CONVENTION [1773. 

Mr. Mason appeared in tlie liouse. 

Edward Davis was brought before the convention on suspicion 
of attempting to convey intelligence to lord Dunmore, and exam- 
ined : Ordered, That the said Edward Davis be committed to the 
custody of Mr. William G'ayton, until the further order of this 
convention; and that the treasurer of the western shore pay the 
said William Cayton for his trouble and expense, during the con- 
finement of the said Davis, three shillings and six pence common 
money per day. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. Sudler appeared in the house. 

A letter from the committee of Kent county, dated December 
20, 1775, was read the first time and ordered to lie on the table. 

Mr. Done has leave of absence. 

On motion, Resolved, That the sum of fourteen shillings curren- 
cy per day, and reasonable itinerant charges, be allowed to each 
member attending this convention. 

The order of the day for taking into consideration the state of 
the province being read, the convention resolved itself into a com- 
mitee of the whole house to consider of the same ; Mr. Carroll in 
the chair. 

After some time spent therein, Mr. President resumed the chair, 
Mr. Carroll reported, that the committee according to order had 
under their consideration the state of the province, but not being 
able to go through the same, had directed him to move for leave to 
sit again. 

Resolved, That this convention will to-morrow resolve itself iiito 
a committee of the whole house to consider of the same. 

On motion, Resolved, That if any member of this convention 
depart the house without leave thereof, such member shall forfeit 
his allowance for attendance. 

Mr. Somerville has leave of absence. 

The convention adjourns till to-morrow morning half after nine 
o'clock. 

FRIDAY, December 22, 1775. 

Convention met. All members present as on yesterday, except 
Mr. Somerville and Mr. Done. The proceedings of yesterday were 
read. Mr. Buchanan and Mr. Griffith have leave of absence. 

A memorial from Baltimore county court, together with several 
depositions therewith sent, were read the first time and ordered to 
lie on the table. 



1115.] OF THE rJlOVlNCE OF MARYLAND. 57 

Mr. John Duckett l)eing unable tlirougli sickness to attend as 
clerk assistant to the convention, Mr. John Calhihan was appoint- 
ed in his stead. 

Ordered, Mr. John Callahan qualify himself as such, by taking 
the oath of oflice and secrecy, as before directed to be taken by the 
clerk. 

Certificate of the qualification of the said Callahan was produced 
and filed. 

On motion. Resolved, That a committee be appointed to consid- 
er and report the most effectual method of establishing a gun lock 
manufactory, and the expense thereof; and Mr. T. Johnson, Mr. 
Sudler, and Mr. Beatty, were elected by ballot a committee for that 
purpose. 

The order of the day for taking into consideration the state of 
the province being read, Ordered, That the same be referred for 
further consideration till to-morrow. 

Mr. Hawkins has leave of absence. 

Convention adjourns till to-morrow morning half after 9 o'cl5ck. 

SATURDAY, December 23, 1775. 

Convention met. All members present as on yesterday, except 
Mr. Griffith and Mr. Hawkins. The proceedings of yesterday were 
read. Mr. Moale has leave of absence till Monday next. Mr. 
Edmonson has leave of absence for a few days. 

The petition of Edward Parker, of Cecil county, relative to the 
establishing a linen and woollen manufactory, was read the first 
time and ordered to lie on the table. 

On motion. Resolved, That a committee be appointed to receive 
all proposals relating to the establishment of manufactories of any 
kind within this province, and report their opinion thereon ; and 
Mr. Gilpin, Mr. Ewing, Mr. Rumsey, Mr. Ramsey, and Mr. Earle, 
were elected by ballot a committee for that purpose. 

On motion. Resolved, That the deputies for this province attend- 
ing in congress, are instructed, that it is the sense of this conven- 
tion, that all India teas imported into this continent before the first 
day of March last, may be sold and used without any prejudice to 
the cause of America, and that they endeavor to procure the same 
to be permitted by the congress, not taking into such permission 
any teas imported for or on account of the English East India com- 
pany, or imported from Great Britain contrary to the continental 
association, if any such there be. 

Adjourned till 3 o'clock. 
8 



58 PROCEEDINGS OF THE CONVENTION [1775. 

POST MERIDIEM. 

Convention met. 

The petition of sundry inhabitants of the three lower counties, 
Newcastle, Kent and Sussex on Delaware, praying that Richard 
Ellis of Cecil county, may be continued their captain, was read a 
first and second time and granted, 

On motion. Resolved, That a committee be appointed to consid- 
er what alterations and amendments are necessary in the regula- 
tion of the militia of this province, and report their opinion there- 
on; and Mr. Smallwood, Mr. Ware, Mr. T. Johnson, Mr. J. Tilgh- 
man, and Mr. Hooper, were elected by ballot a committee for that 
purpose. 

The order of the day for taking into consideration the state of 
the province being read, Ordered, That the same be referred for 
further consideration till Tuesday next. 

Mr. Hooe has leave of absence. 

Convention adjourns till Tuesday morning half after 9 o'clock. 

TUESDAY, December 26, 1775. 

Convention met. All members present as on Saturday, except 
Mr. Moale, Mr. Edmondson, Mr. Hooe, Mr. Sim, Mr. Smith, Mr. 
Contee, and Mr. Tolley. The proceedings of Saturday were read, 

Mr. Johnson brings in and delivers to Mr. President, a report 
from the committee appointed to devise the best ways and means 
to promote the manufacture of salt-petre, which was read the first 
time and ordered to lie on the table. 

The order of the day for taking into consideration the state of 
the the province, being read, Ordered, That the same be referred 
for further consideration till to-morrow. 

Convention adjourns till to-morrow morning half after 9 o'clock. 

WEDNESDAY, December 27, 1775. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Contee and Mr. Moale 
appeared in the house. 

The petition of Patrick Graham, of Charles county, praying a 
remission of the judgment pronounced against him by the last con- 
vention, was read the first time and ordered to lie on the table. 

The convention proceeded to take into consideration the report 
from the committee appointed to devise the best ways and means 
to promote the manufacture of salt-petre, and thereupon Resolved, 
That a small salt-petre work be erected at a principal inspecting 



1775.] OF THE PROVINCE OF MARYLAND. 59 

house, or in the neighborhood of Tobacco houses, or in some other 
public and convenient place in each county, at the public expense, 
for the making- crude nitre; that thus, besides the advantage im- 
mediately accruing from carrying on so many works in different 
parts of the province, the good people thereof may be generally 
instructed in the art of making crude nitre ; and as a further in- 
ducement thereto, and that this art may be still more extensively 
diffused and practised, that a liberal price ought to be allowed for 
all crude nitre manufactured in private families; that all the crude 
nitre, whether made by individuals, or at the county manufactories, 
be carried to one refinery, where the same may be purified by a 
skilful refiner in large quantities without waste, and made fit for 
manufacturing into gunpowder. 

That seventeen hundred pounds common money be appropri- 
ated, one hundred pounds to be placed in the hands of a discreet 
and active person in the lower district, and one hundred pounds in 
the hands of a discreet and active person in the middle district of 
Frederick county ; and the residue thereof, one hundred pounds for 
each other county, to be placed in the hands of a discreet and active 
person in each county, who shall be called a supervisor; and that 
so much of the said one hundred pounds as may be necessary, 
shall be laid out by the said supervisor in purchasing, procuring, 
and setting up, proper kettles, tubs, and other necessary uten- 
sils and conveniences, for manufacturing rough nitre, at some such 
place as aforesaid, in his county; and also in erecting a rough 
shed convenient thereto, under which the earth, from which the ley 
shall have been drawn, may be placed, that the same may become 
again impregnated with nitre. 

That each of the said supervisors be empowered to lay out the 
residue of his one hundred pounds, in hiring laborers to assist a 
skilful workman, who shall be employed in each of the said works, 
and in procuring and removing earth impregnated with nitre fit to 
be used at the said works. 

That the supervisor of each of the said works employ a skilful 
workman to carry on, direct, and manage the process of making 
crude nitre at the said works respectively; and that the same super- 
visor pay to the said workman one shilling common money, for 
each pound of good crude nitre that he shall manufacture and de- 
liver at the same works, as his wages and reward for his skill and 
labor. 

That the said workmen show and explain to those who will attend 
the work, and may be desirous of instruction, the method and pro- 
cess of making crude nitre. 



60 PROCEEDINGS OF THE CONVENTION [1775, 

That each supervisor pay to any person who shall deliver to him 
good crude nitre, manufactured at any place within this county, 
other than the said public work, for the use of the public, after the 
rate of two shillings common money for every jjound thereof. 

That as soon as a contract shall be made for building a powder 
mill, pursuant to the resolution of the late convention, a public work 
be erected convenient thereto, under the management of a skilful 
person, for purifying nitre. And the several supervisors shall, from 
time to time, send all the crude nitre which shall be made at the 
said works, and otherwise come to their hands as aforesaid, to the 
said public refinery. 

That each supervisor draw from the treasurer of his shore, as well 
the said one hundred pounds, as the sum of two shillings com- 
mon money, and no more, per pound, for all crude nitre by him 
sent to and delivered at the said refinery. 

That each of the said supervisors render an account of his trans- 
actions to every convention, by the third day of every session there- 
of; and that on such account he be allowed all the said disburse- 
ments, the actual expenses of sending the crude nitre to the re- 
finery, and for his trouble the sum of two pence for every pound 
of rough nitre made at the works under his care, and the sum 
of one penny for every other pound of crude nitre by him collected 
as aforesaid, and sent to the said refinery; and that he pay the ba- 
lance of the money in his hands into the public treasury for the use 
of the public, if so ordered. 

That it be strongly recommended to such of the good people of 
this province, whose circumstances and conveniences will allow 
them to pursue the following directions, to place in open houses, 
or sheds admitting the air, but excluding the rain and sun, the 
stalks and trashy leaves of tobacco, trodden straw, the sweepings 
of stables mixed with rich mould, collected from the floors of barns 
and out houses, and from time to time to sprinkle with urine, brine, 
or water, this collection of various substances, so as to occasion 
the fermentation and speedy putrefaction thereof, that the whole 
mass, when perfectly rotten and digested, may be dug, stirred up, 
and thoroughly blended, and thus left without further damping, so 
loose and light, as to attract more readily, and be more plentifully 
impregnated with nitre for future use. 

Mr. Jeremiah Jordan was appointed supervisor for St. Mary's 
county. Mr. Thomas Semes for Charles county. Dr. Edward 
Johnson for Calvert county. Mr. Richard Richardson for Anne 
Arundel county. Mr. Daniel Clark for Prince George's county. 
Mr. Thomas Richardson for the lower district, and Mr. Charles 



1775.] ' OF THE PROVINCE OF MARYLAND. 01 

Beatty for the middle district of Frederick county. Dr. Charles 
F. Weiseiithall for Baltimore county. Mr. Amos Garrett for Har- 
ford county. Mr. Henry Hollingsworth for Cecil county. Dr. 
John Scott for Kent county. Mr. William Hemsley for Queen 
Anne's county. Mr. James Benson for Talbot county. Mr. Tho- 
mas Ennals, B. W. for Dorchester county. Mr. Joshua Clark for 
Caroline county. Mr. George Day Scott for Somerset county. 
And Mr. Joshua Townsend for Worcester county. 

That upon the death- or refusal of any supervisor, the committee 
of observation for the county where such death or refusal shall hap- 
pen, are required immediately to nominate and appoint some other 
discreet and active person in his place. 

Mr. Beatty brings in and delivers to Mr. President a report from 
the committee appointed to consider and report the most effectual 
method of establishing a gun lock manufactory, and the expense 
thereof, which was read the first time and ordered to lie on the 
table. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. Tolley appeared in the house. 

The petition of Patrick Graham of Charles county was read a 
second time and granted. 

Mr. Johnson brings and delivers to Mr. President the form of 
a commission for the officers of the militia of this province ; which 
was read a first and second time, and agreed to, and is as follows: 

The delegates of the freeman of Maryland in convention, to 

, We, reposing especial truth and confidence 

in your fidelity, courage, good conduct, and attachment to the lib- 
erties of America, do by these presents, constitute and appoint 

you to be You are therefore carefully and diligently 

to discharge the trust reposed in you, by disciplining all officers and 
soldiers under your command; and we do hereby strictly enjoin 

and require them to obey you as their And you are to 

observe and follow all such orders and directions as you shall, 
from time to time, receive from this or a future convention, or from 
the council of safety of Maryland for the time being, according to 
the rules and regulations established by this or a future convention, 
This commission to be in force until revoked by this or some fu- 
ture convention of the delegates of the freemen of Maryland, or 
by the council of safety of Maryland, for the time being, according 



62 ; PROCEEDINGS OF THE CONVENTION [1775. 

to the powers and nuthorities in such council of safety to be here- 
after vested by such convention. 

Qiyen • ■ this day of anno domini 177 . 

By order of the convention, 

MAT. TILGHMAN, President. 

Ordered, That 2500 copies thereof be immediately printed. 

Mr. Chamberlaine brings in and delivers to Mr. President a re- 
port from the committee appointed to examine into facts contained 
in the memorial preferred by the justices of Frederick county, 
which was read the first time and ordered to lie on the table. 

The convention took into consideration the report from the 
committee appointed to consider and report the most effectual 
method of establishing a gun lock manufactory, and the expense 
thereof; and thereupon Resolved, That a gun lock manufactory be 
established in Fredericktown in Frederick county, or in the neigh- 
bourhood thereof. That twelve hundred pounds common money 
be appropriated for erecting and carrying on the said manufactory, 
and be subject to be drawn out and applied for that purpose by 
three commissioners, who shall, over and above, have power to 
draw out of the public treasury any sum of money, not exceeding 
one dollar, for every good musquet lock, made at the said manu- 
factory and delivered pursuant to the orders of the convention, or 
council of safety in the recess of the convention. 

Resolved, That Mr. Charles Beatty, Mr. James Johnson, and 
Mr. John Hanson, jun. or any two of them, be commissioners for 
the above pupose. 

Resolved, That the said commissioners, or any two of them, be 
directed to purchase ground, not exceeding one half acre, in or 
near Fredericktown, sufficient for erecting shops for the said manu- 
factory; which ground is to be conveyed to the said commission- 
ers, for the use of this province; that the said commissioners or any 
two of them, draw on the treasury of the western shorefor the price 
of the said ground ; in the purchase of which, and inthe buildings, 
it is recommended to the said commissioners, to be as frugal of the 
public money as may be. 

The order of the day for taking into consideration the state of 
the province being read. Ordered, That the same be referred for fur- 
their consideration till to-morrow. 

Convention adjourns till to-morrow morning half after 9 o'clock. 

THURSDAY, December 28, 1775. 
Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Smith appeared in the 
house. 



1775.] OF THE PROVINCE OF MARYLAND. 63 

Mr. J. Tilghman brings in and delivers to Mr. President, a re- 
port from the committee appointed to consider what alterations and 
amendments are necessary in the regulation of the militia of this 
province, which was read the first time and ordered to lie on the 
table. 

On motion, Res'dved, That the council of safety to be appointed 
by this convention, be empowered to advance on loan for two years, 
without interest, on bond with good security, any part of the one 
thousand pounds appropriated by the last convention for erecting 
and working a powder mill, to such person or persons as will un- 
dertake and give good security for erecting and working the same, 
such person or persons undertaking that such mill shall be capable 
of manufacturing at least eight hundred pounds of gunpowder per 
week, and that the salt-petre which may belong to the public, shall 
be there manufactured into gunpowder for a just and reasonable 
price; the same powder-mill to be erected within fourteen, and not 
less than six miles from Baltimore town. 

Upon reading a second time the memorial and depositions from 
Baltimore county court, Resolved, That a committee be appointed 
to consider of the truth of the facts therein set forth, and report 
their opinion thereon; and Mr. Nicholson, Mr. Hollyday, Mr. J. 
Tilghman, Mr. Rumsey, and Mr. T. Johnson, were elected by 
ballot a committee for that purpose. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

Mr. Chamberlaine brings in and delivers to Mr. President a re- 
port from the committee appointed to examine and report the re- 
turns of the committees of observation of persons in the severaF 
counties of this province, who have subscribed, or refused or ne- 
glected to subscribe the association directed by the last conven- 
tion; which was read the first time and ordered to lie on the table. 

The, order of the day for taking into consideration the state of 
the province being read. Ordered, That the same be referred for 
further consideration till to-morrow. 

Convention adjourns till to-morrow morning half after 9 o'clock, 

FRIDAY, December 29, 1775. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read, Mr. Griffith appeared in the 
house. 



64 PROCEEDINGS OF THE CONVENTION [1775, 

Mr. Coulee hrinos in nm] delivers to Mr. President a report ironi 
the coiniiiillee appointed to examine the s^evcral claims upon the trea- 
sury, which was read the first time and ordered to lie on the table. 

Adjourned till -3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. Hawkins appeared in the house. 

Mr. Earle brings in and delivers to Mr. President, a report from 
the committee appointed to receive all proposals relating to the 
establishment of manufactories of any kind within this province, 
which was read the first time and ordered to lie on the table. 

On motion, Resolved, That a committee be appointed to prepare 
a draught of instruction for the deputies representing this province 
in congress; and Mr, Hollyday, Mr. Carroll, barrister, Mr, J. 
Tilghman, Mr. Scott, and Mr. Rumsey were elected by ballot a 
committee for that purpose. 

Mr, Dallam has leave of absence. 

The order of the day for taking into consideration the state of 
the province being read, Ordered, That the same be referred for 
further consideration till to-morrow. 

Convention adjourns till to-morrow morning half after 9 o'clock, 

SATURDAY, December 30, 1775. 

Convention met. All members present as on yesterday, except 
Mr, Dallam. The proceedings of yesterday were read. Mr, Clarke 
has leave of absence. The proceedings of the council of safety 
were read. 

The order of the day for taking into consideration the state of 
the province being read, the convention resolved itself into a com- 
mittee of the whole to consider of the same ; Mr, Carroll in the 
chair. 

After some time spent therein, Mr, President resumed the chair, 
and Mr, Carroll reported, that the committee according to order 
had under their consideration the state of the province, but not 
being able to go through the same, had directed him to move for 
leave to sit again. 

Resolved, That this convention will on Monday next resolve it- 
self into a committee of the whole to consider of the same. 

Convention adjourns till to-morrow morning half after 9 o'clock, 

MONDAY, January 1, 1776, 

Convention met. All members present as on Saturday, except 
Mr, Clarke. The proceedings of Saturday were read. Mr. Bond 
appealed in the house. 



1776.] OF THE PROVINCE OF MARYLAND. 65 

A letter from Messrs. Wilfred Neale, Gerrard Bond, and James 
Eden, of St. Mary's county, and sundry depositions, relative to the 
conduct of Basil Patterson, were read ; and upon consideration 
thereof, Resolved, That the said Basil Patterson, together with the 
said letter and depositions, be sent and delivered up to a justice of 
the peace for St. Mary's county, that the charge against him may 
be inquired into by a civil magistrate, and order taken therein ac- 
cording to the due course of law. 

Ordered, That the treasurer of the western shore pay to Nicho- 
las White, or his order, out of the bills of credit in his hands, fifty- 
six pounds, six shillings and a penny, common money, for repair- 
ing guns, as per account. 

Mr. Contee brings in and delivers to Mr. President the following 
report. 

In obedience to the honorable convention, your committee ap- 
pointed to estimate the expenses of bringing Basil Patterson to 
answer, and carrying him back to St. Mary's county to some ma- 
gistrate there, do report as follows: 
To James Brown and Ignatius Edwards, for bringing 

Basil Patterson from St. Mary's to Annapolis, four 

days, ^£400 

To ditto for carrying Basil Patterson to St. Mary's 

county, and delivering him to a justice of the peace 

there, 10 

To ditto for Patterson's expenses to Annapolis and 

back to St. Mary's, and when at Annapolis, about 7 

days, 1 15 



£6 15 

Signed per order, JOHN CALLAHAN, elk. com. 

Ordered, That the treasurer of the western shore pay to James 
Brown and Ignatius Edwards, for their expenses in bringing Basil 
Patterson from St. Mary's county to this convention, and carrying 
him back, out of the bills of credit in his hands, six pounds six- 
teen shillings common money. 

The order of the day for taking into consideration the state of 
the province being read, the convention resolved itself into a com- 
raitee of the whole to consider of the same ; Mr. Carroll in the 
chair. 

After some time spent therein, Mr. President resumed the chair, 
and Mr. Carroll reported from the committee the following resolu- 
tions, to wit: 
9 



66 PROCEEDINGS OF THE CONVENTION [1776. 

Resolved, That this province be immediately put in ihe best state 
of defence. 

Resolved, That a sufficient armed force be immediately raised 
and embodied under proper officers, for the defence and protection 
of this province. 

Resolved, That 1444 men, with proper officers, be immediately 
raised in the pay and for the defence of this province. 

Resolved, That 8 companies of the said troops, to consist of 
68 privates each, under proper officers, be formed into a battalion. 

Resolved, That the remainder of the said troops be divided into 
companies of one hundred men each. 

Resolved, That two companies of the said troops, to consist of 
one hundred men each, be companies of matrosses, and trained as 
such. 

Which were read and agreed to. 

On motion. Resolved, That a committee be appointed to report 
resolutions for raising, clothing, and victualling the forces to be 
raised in this province; and Mr. Johnson, Mr. Stone, Mr. Carroll, 
barrister, Mr. Rumsey, and Mr. Ware, were elected by ballot a 
committee for that purpose. 

On motion. Resolved, That a committee be appointed to report 
rules and regulations for the government of the forces to be raised 
in this province; and Mr. T. Johnson, Mr. Carroll of Carrollton, 
Mr. Stone, Mr. Rumsey, and Mr. J. Tilghman, were elected by bal- 
lot a committee for that purpose. 

Mr. S. Chase has leave of absence on Wednesday next. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr Sim and Mr. Somerville appeared in the 
house. Mr. Letherbury, Mr. Sudler, and Mr. Sluby, have leave of 
absence. 

Convention adjourns till to-moirow morning half after 9 o'clock. 

TUESDAY, January 2, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. 

On motion, Resolved, That the acceptance of any office in the 
regular forces to be raised in this province, shall be a disqualifica- 
tion of the officer accepting the same, from and after the making 
out and acceptance of his commission, to be a delegate to serve in 
convention, or to be of the council of safety, or a member of any 
committee of observation, or of any other civil office under the au- 



1776.] OF THE PROVINCE OF MARYLAND. 67 

thority of the convention, during the continuance of his said com- 
mission. 

The convention proceeded to elect by ballot field officers for the 
battalion. 

Mr. William Smallwood was elected colonel, Mr. Francis Ware 
lieutenant colonel, Mr. Thomas Price first major, Mr. Mordecai Gist 
second major. 

They then proceeded to elect seven captains for the seven inde- 
pendent companies ; the ballots were as follow : 

For Rezin Beall, 15. John Gunby, 14. John Watkins, 11. James 
Hindman, 10. John Allen Thomas, 9. Lemuel Barrett, 7. Edward 
Veazey, 6. 

The following persons were then elected captains of the bat- 
talion : 

John H. Stone, 15. William Hyde, 11. Barton Lucas, 10. Thom- 
as Evving, 10. Nathaniel Ramsey, 10. Peter Adams, 9. John Day 
Scott, 8. Samuel Smith of John, 8. George Strieker, 7, light infantry. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

The petition of Thomas M'Cobb of Lincoln county, in the colony 
of Massachusetts bay, setting forth, that in consequence of a reso- 
lution of the general court of that colony, he had obtained a permit 
from the select men and committee of correspondence of George- 
town, in Lincoln county in the same colony, to import grain into 
the said county, and praying leave to load his vessel, was read; and 
thereupon it is Resolved, That the said petitioner be allowed to 
load his said vessel in Somerset county: And it is Ordered, That 
the loading of the said vessel be under the inspection of the com- 
mittee of observation for Somerset county, who are required, before 
the said vessel shall depart, to appoint the tract for her voyage, 
and have the captain and mate of her sworn to perform the same, so 
far as they can, and that they will use their utmost endeavours to 
land her cargo in the county of Lincoln in the colony of Massachu- 
setts bay aforesaid. 

Ordered, That the clerk make out and transmit a copy of the 
above resolution to the committee of Somerset county. 

The convention proceeded to ballot for seven first lieutenants for 
the independent companies; the ballots were as follow : 
^ For Thomas Woolford, II. Moses Chaille, 11. William Harri- 
son, 10. Uriah Forrest, 10. Bennett Bracco, 10. John Stewart, 
6. William Goldsborough, 5. 



/It^c..-^ (/c^^W.A.e^-^ 



68 PROCEEDINGS OF THE CONVENTION. [1776. 

The following persons were next elected by ballot first lieuten- 
ants for the battalion, to wit. 

Daniel Bowie, 13. Benjamin Ford, 12". William Stereit, 12. Jo- 
seph Butler, 11. Levin Winder, 10. Nathaniel Ewiiig, 10. Thom- 
as Harwood, 6. James Campbell, 6. Thomas Smyth, 5; lighi infantry. 
The persons following were then elected by ballot second lieu- 
tenants for the independent companies. 

John Eccleston, 11. John Halkerston, 10. John Davidson, 10. 
Solomon Long, 10. William Bowie, 7. Archibald Anderson, 7. Sam- 
uel Turbutt Wright, 6. 

And the following second lieutenants for the battalion. 
John Kidd, 11. John Beans, 11. Alexander Roxburg, 10. Jo- 
seph Baxter, 10, Alexander Murray, 9. David Plunkett, 9. Thom- 
as Goldsmith, 8. Joseph Ford, S. James Ringgold, 8; light infan- 
try. 

The following persons were elected by ballot third lieutenants for 
the independent companies. 

Edward Hindman, 12. Hooper Hudson, son of John, 12. Ed- 
ward de Courcy, 11. Henry Neale, 10. Ely Dorsey, 8. Daniel Jen- 
ifer Adams, 8. Benjamin Brooks, 8. 

And the following elected by ballot ensigns for the battalion. 

Benjamin Chambers, 14. Henry Gaither, 12. William Ridgely, 
12. Edward Praul, 12. Walker Muse, 12. John Jordan, 12. James 
Peale, 11. Bryan Philpot, 9. And Hatch Dent, third lieutenant of 
the light infantry. 

Convention adjourns till to-morrow morning half after 9 o'clock. 

WEDNESDAY, January 3, 1776. 

Convention met. All members present as on yestefday, except 
Mr. Sluby and Mr. Sudler. The proceedings of yesterday were 
read. Mr. Nicholson, Mr. Murray, and Mr. Hall, have leave of ab- 
sence. 

An account of the expenses for transporting powder from Fred- 
erick town to Baltimore town, being read; Ordered, That the trea- 
surer of the Western shore pay to the committee of observation for 
the middle district of Frederick county, or their order, out of the 
bills of credit in his hands, twenty-three pounds, nineteen shillings, 
common money, being the expense of transporting the same. 

Ordered, That the clerk make out and transmit a copy of the 
above resolution to the committee of observation for the middle dis- 
trict of Frederick county. 

On application of col. Harrison of Virginia to this convention, 
to furnish col. Simpson, of Accomack county, with two hundred 



1 



1776.] OF THE PROVINCE OF MARYLAND. ({9 

pounds of gunpowder, Ordered, Tiiat tlic committees of observa- 
tion for Worcester and Somerset counties, do each of tlieni immedi- 
ately send one hundred weigiit to col. Simpson. 

The convention proceeded to the election of officers. 

Mr. Gabriel Duvall was elected by ballot muster master and com- 
missary of stores, Mr. Peter Mantz quarter master, Mr. Charles 
Wallace paymaster. 

Mr. Nathaniel Smith captain of the matrosses at Baltimore town, 
Mr. William Woolsey, first lieutenant, Mr. Alexander Furnival, se- 
cond lieutenant. 

Mr. Beall has leave of absence. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. Thomas Wright, a member for Queen 
Anne's county, appeared and took his seat in the house. Mr. Han- 
dy and Mr. Waters appeared in the house. 

Mr. George Keepott was appointed third lieutenant of captain 
Smith's company of matrosses. 

The Convention took into consideration the following report, 
to wit: 

In obedience to a resolve of the honourable convention, the com- 
mittee appointed to receive all proposals relating to the establish- 
ment of manufactories of any kind within this province, and report 
their opinion thereon. 

Do report, that the following proposals and petitions have been laid 
before them, to wit. The petition of Fielder Gaunt, setting forth,^ 
That about four months ago he had discovered a vein of lead ore 
in {"'rederick county, between Frederick town and the Kitocton 
mountain ; that upon an examination of the same, appearances 
were so favourable, that he hoped to be able in a short time to sup- 
ply this province with a sufficient quantity of lead during our pre- 
sent unhappy disputes, and prayed, that two hundred pounds might 
be advanced to him for the term of one year without interest, upon 
giving bond with sufficient security at the end of that term to re- 
pay the same. Your committee further report, that Mr. Gaunt hath 
in person informed them, that he has, by sinking a shaft thirty-eight 
feet in the earth higher up the hill, found another vein of lead, and 
that both the said veins run under a large rock, where it was too ex- 
pensive, on his own capital, to pursue the same, and that the quan- 
tities of lead ore taken out of said veins were not considerable. 
Your committee beg leave further to report thereon, that in their 
opinion a manufactory of lead in this province would be of a great 



70 PROCEEDINGS OF THE CONVENTION [1776, 

advantage to the public, and of course merits the attention and en- 
couragement of this province, and that the sum requested for that 
purpose is not unreasonable. 

Your committee furtlier beg leave to report, that Alex'r M'Fad- 
on of Frederick county ,by his petition, hath expressed his desire 
of erecting a linen, woollen, and cotton manufactory, in or near 
Frederick-town : that he is also well acquainted with the business, 
and would undertake to carry on the same with the public encour- 
agement and assistance, and proposed that a sum not exceeding four 
thousand pounds should be advanced to him from time to time, by the 
province, on giving bond with good security for the payment of the 
money lent, with four per cent, interest after the expiration of three 
years from the advancement thereof. Your committee further re- 
port, that Mr. M'Fadon in person informed them, that although he 
proposed by the above scheme to carry on the same so extensively, 
as thereby to manufacture annually fifty thousand yards, yet if it did 
not meet with the approbation of the honorable the convention, 
he was willing to undertake to set up a manufactory, on having not 
less than one half of the above sum advanced to him; that he propos- 
ed to begin at first with the sum of five hundred pounds, and draw out 
to the amount of the sum stipulated, in proportion as he should pur- 
chase the materials to manufacture; that he would not engage to 
deliver any certain quantity of linen or woollen cloth, unless he 
could be assured of purchasing the rough materials, nor could he 
agree for any price, r.s he was uncertain on what terms he could 
purchase the same ; that if he could buy them he would furnish the 
province with any quantities within his power at a reasonable price, 
on their paying his for the same ; and that the original sum borrow- 
ed would be absolutely necessary for him to carry on the manufac- 
tory aforesaid entire, during the time aforesaid. 

Your committee further beg leave to report, that Edward Par- 
ker, of Cecil county, by his petition hath set forth, that he hath erect- 
ed a house, provided himself with all manner of implements ne- 
cessary for carrying on a linen and woollen manufactory, and had 
also engaged a number of weavers, but found it absolutely impossi- 
ble to carry on the same with spirit, and in an extensive manner, 
without a considerable sum of ready cash, and therefore prayed, 
that the sum of three hundred pounds, out of the public treasury, 
might be advanced to him, upon his giving bond with undoubted 
security, for the delivery of the value of two hundred pounds in 
good strong merchantable linen cloth, manufactured in this pro- 
vince, on or before the first day of May next, and the value of one 



1776.] OF THE PROVINCE OF MARYLAND. 71 

hundred pounds in good merchatnable linen or woollen cloth, inanu- 
faclured in this province, on the first day of November next, of 
such quality as he may be directed, and at such prices and rates 
as this or a future convention, on his producing the same, maybe 
pleased to allow. The said Edward Parker in person acquainted your 
committee, that he kept five looms constantly employed in manu- 
facturing. Your committee beg leave to report thereon their opin- 
ion, that the establishment of linen and woollen manufactories is 
of the greatest importance to this province, as not only a number 
of poor people may be employed, fed, and clothed thereby, 
but necessary cloth for the use of the province be manufiictured 
therein, and that for the above purposes, and other valuable ones, 
a manufactory for making the above clothes should be established 
in every county in this province ; that the sum of five thousand 
pounds be appropriated and set apart for the above pur[)Ose, to be 
distributed in manner and form following, to wit: five hundred 
pounds for Frederick county, and three hundred pounds to each 
of the other counties, which sum, in the opinion of your commit- 
tee, will employ eighty looms, and the produce thereof amount to 
from eighty to one thousand yards of cloth at a moderate calcula- 
tion, suitable for tents, hunting and soldiers' shirts, and supplying 
the necessitous poor ; that three gentlemen in whom confidence 
may be placed, be appointed in each county, and styled contractors, 
and that they or any two of them be empowered to draw the 
several sums above mentioned out of the treasuries, as occasion 
may require, agree with such persons as will undertake to carry 
on the work, receive the linen and wollen, and take bond with 

sufliicient security in double the sum lent, payable to 

conditioned for the return of the value of money lent, in good 
coarse linen or woollen cloth, in the following manner, to wit. 

One third thereof by the first of May next, one other third by the 
first of August next, and the remainderby the first of December next ; 
and that the said contractors shall transmit the bonds so taken to 
the president of the convention, should the convention be sitting, 
or if in their recess to the council of safety for the time being; that 
if it should happen that undertakers could not be found, or should 
not apply in any one or more of the counties on or before the first 
day of March next, that the contractors in any other of the coun- 
ties may be empowered to draw out for the purposes aforesaid, and 
on the above terms, the proportion or proportions allotted such 
county or counties as may not apply. 

Your committee further beg leave to observe, that several propo- 
sals have been made to them respecting a sheeting and slitting mill 



72 PROCEEDINGS OF THE CONVENTION f [1776. 

to be erected in this province, but that they are not fully prepared 
to report on that subject. 

Signed per ordsr, 

JOHN CALLAHAN, elk. com. 

On reading the first part of the above report the question was 
put, that the house concur therewith? Resolved in the affirmative. 

Resolved, therefore, That two hundred pounds common money, 
out of the public treasury be advanced to Mr. Fielder Gaunt of 
Frederick county, for the purposes mentioned in the said report, 
for the term of one year, on his giving bond with sufficient security 
to repay the same at the end of one year without interest; the se- 
curity to be approved by the convention or council of safety here- 
after to be appointed, and the bond to be made payable to Mr. 
President, Mr. Carroll, barrister, and Mr. T. Johnson, jun. 

On reading that part of the said report relating to the establish- 
ment of a linen, woollen, and cotton manufactory, by Mr. Alex- 
ander M'Fadon, the question was put, that the house concur with 
the proposals of Mr. M'Fadon ? Carried in the negative. 

On readmg the third paragraph of the said report, in which is 
contained the proposal of Edward Parker of Cecil county, the ques- 
tion was put, that the house concur therewith? Resolved in the af- 
firmative. 

Resolved, therefore, That the sum of three hundred pounds, out 
of the public treasury, be advanced to the said Edward Parker, 
upon his giving bond with good security, for the delivery of the 
value of two hundred pounds, in good, strong, merchantable linen 
cloth, manufactured in this province, on or before the first day of 
May next; and the"value of one hundred pounds, in good, mer- 
chantable linen or woollen cloth, manufactured in this province, on 
the first day of November next, of such quality as he may be direct- 
ed, and at such prices and rates as this or a future convention shall 
^llow. 

On reading that part of the said report, which relates to the es- 
tablishment of linen and woollen manufactories in each county in 
this province, the question was put, that the house concur there- 
with ? The counties were equally divided, and therefore the house 
does not concur. 

Mr. Mackall has leave of absence. 

The convention adjourns till to-morrow morning half after nine 
o'clock. 



1776.] OF THE PROVINCE OF MAYLAND. 73 

THURSDAY, January 4, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Letherbury, Mr. Beall, Mr. Hall, Mr. Nicholson, Mr. Mack- 
all, and Mr. Murray. The proceedings of yesterday were read. 

On motion, the question was put, that the commissions for the 
officers of the independent companies be made out according to 
the order in which they stand upon the list as ballotted for? Carri- 
ed in the negative. 

The following list was then offered as the rule for making out 
commissions for the officers of the independent csmpanies, to wit. 

Charles and Calvert Counties. Rezin Beall, captain. Bennet 
Bracco, first lieutenant. John Halkerston, second lieutenant. Dan- 
iel Jenifer 4dams, third lieutenant. 

Somerset county. John Gunby, captain. Uriah Forrest, first lieu- 
tenant. William Bowie, second lieutenant. Benjamin Brooks, 
third lieutenant. 

Worcester county. John Watkins,^ captain. Moses Chaille, first 
lieutenant. Solomon Long, second lieutenant. Ely Dorsey, third 
lieutenant. 

Talbot county. James Hindman, captain. William Goldsborough, 
first lieutenant. Archibald Anderson, second lieutenant. Edward 
Hindman, third lieutenant. 

St. Mary's county. John Allen Thomas, captain. John Stew- 
ard, first lieutenant. John Davidson, second lieutenant. Henry 
Neale, third lieutenant. 

Dorchester county. Lemuel Barrett, captain. Thomas Wool- 
ford, first lieutenant. John Eccleston, second lieutenant. Hooper 
Hudson, third lieutenant. 

Queen Anne's and Kent counties. Edward Veazy, captain. 
William Harrison, first lieutenant. Samuel T. Wright, second lieu- 
tenant. Edward de Courcy, third lieutenant. 

On motion, That the said commissions be made out according 
to the said list ? The question was put and resolved in the affir- 
mative. 

Mr. Hooe appeared in the house. 

The convention took into consideration the report from the 
committee appointed to consider what alterations and amendments 
were necessary in the regulation of the militia of this province, and 
thereupon came to the following resolutions. 

That no minute men be hereafter enrolled under the resolutions 
of the late convention. That where minute companies are alrea- 
dy formed, no commissions issue to the officers thereof, unless the 
10 



ti PROCEEDINGS OF THE CONVENTION [1776. 

officers desire to have their commissions. That no minute com- 
panies be continued beyond the first day of March next, and that 
a sum of money sufficient for the purpose, be lodged in the hands 
of the committee of observation in each respective county where 
a company of minute men hath been enrolled, viewed, and allow- 
ed, to pay and discharge the expense of such company for the 
time past, and also for the time to come, if such company contin- 
ues till the first day of March next, and that such committee re- 
ceive the rolls of such companies, and the times of the attendance 
of the men, proved by the oath of some one at least of the com- 
missioned officers, return the balance of the money, if any, into 
the public treasury, and render an account of their transactions 
herein to the next convention ; but no person chosen for a com- 
missioned officer in any company of minute men, shall be compel- 
lable to serve in the militia in a lower rank or station than he was 
elected to in the minute company. 

That all public arms in the hands of the minute men, immedi- 
ately after the first day of March next, or as soon as they disband 
where they disband sooner, be delivered to the committee of obser- 
vation for their respective county, to be by the said committee kept 
and preserved for the public use. 

That every able bodied effective freeman within this province, 
between sixteen and fifty years of age, (clergymen of all de- 
nominations, practising physicians, and the household of his ex- 
cellency the governor, excepted,) who hath not already enrolled 
himself in the militia, shall, on or before the first day of March 
next, enroll himself in some company of militia, agreeable to the 
form of the enrollment prescribed by the last convention, and that 
every minute or artillery man, except commissioned officers, shall 
in like manner enroll in the militia, within one month next after he 
shall cease to act as a minute or artillery man. And if any able bo- 
died effective freeman shall refuse or delay to enroll himself in the 
militia as aforesaid, every such person shall pay for the present 
year, which shall be reckoned from the fifteenth day of September 
last, such sum of money, not less than forty shillings nor more than 
ten pounds, as shall be assessed by the committee of observation of 
his county, for the use of the public. And the committee of observa- 
tion in each respective county shall, by warrant under their hands, 
appoint and empower any person or persons they shall judge proper, 
to collect and receive all monies by them so assessed, which shall 
be paid within one month after notice of such assessment, and in 
default thereof, the person or persons so empowered, may distrain 
the goods and effects of the defaulters, and sell and dispose of the 



1776.] OF THE PROVINCE OF MARYLAND. 75 

same in the same manner that goods may be distrained and sold 
by law for county levies. And every collector shall, on or before 
the first day of July next, pay the money by him collected, after de- 
ducting seven and an half per cent, for his commission, to the trea- 
surer of his shore, and leave with the same treasurer an account 
containing the names of those from whom he hath received the 
same, and the sums from them respectively collected. 

That every person who shall refuse and delay to enroll as aforesaid, 
shall on or before the tenth day of March next, deliver to the com- 
mittee of observation for his county, all his fire arms, if he hath 
any, except pistols; and if any such person shall refuse or delay 
to do the same, then such committee shall empower some person 
or persons, by warrant under their hands, to seize the said fire- 
arms, and deliver the same to the said committee ; and the said 
committees shall cause all the arms which shall come to their hands 
to be valued, by indifferent and honest men on oath, and shall 
keep a list of such arms, to whom they belong, and their respective 
values, and may deliver out such arms at their discretion, to the 
captains of militia in their county, taking the captain's receipt there- 
for, and the captains being liable for the redelivery thereof, may de- 
liver the same to the unarmed men of their companies; and every 
committee of observation shall transmit an account of all assess- 
ments by them made, as well as of all arms by them received as 
aforesaid, and how they have disposed of the same, to every con- 
vention : but because some persons who do not enroll in the militia 
may be so poor that they cannot pay the said assessment of forty 
shillings, and their omitting to enroll may not proceed from disaf- 
fection to the cause of America, or perverseness, it is provided, 
that where the real and personal estate of any effective freeman, 
who shall refuse or neglect to enroll himself in the militia as afore- 
said, shall not, in the judgment and estimation of the committee 
of his county, be of the value of thirty pounds, the same commit- 
tee may in their discretion omit to assess any sum of money on 
such person, the same committee certifying to the convention or 
council of safety the name of the person, and the reasons where- 
fore they do not assess him. 

That all fines which have been already set and adjudged, according 
to the resolutions of the last convention, on militia officers or men, 
and have not been paid, or which shall hereafter be so set and ad- 
judged, shall, if the same be on a field officer, be paid into the hands 
of the quarter-master of the battalion to which he belongs, and if 
any officer of inferior rank to a field officer, or on a non-commis- 
«ioned officer or private, be paid into the hands of such person as 



0^ 



76 PROCEEDINGS OF THE CONVENTION [1776. 

hath or shall have been appointed to receive the fines for the com- 
pany to which such person belongs, or if no such receiver hath or 
shall have been appointed, then the same shall be paid into the 
hands of the captain of such company, and on refusal to pay the 
same fine, and such refusal being certified to the committee of ob- 
servation for the county where such person resides, the same com- 
mittee shall grant a warrant under their hands, empowering any 
other person or persons of the same county to levy such fine by 
distress and sale as aforesaid, of the party's goods and effects, but 
the officers who set and adjudged the same fine may commit the 
offender to a sergeant according to the resolution of the late con- 
vention, if they choose that as the best method to compel payment. 

That in cases where it may greatly promote the ease of the in- 
habitants, a number not less than forty nor exceeding eighty pri- 
vates, may, with the special permission of the committees of ob- 
servation, enroll in any otiO company of militia, out any of those 
already enrolled in any company, where the privates do not exceed 
seventy-four, shall not be permitted to leave such company, for the 
purpose of enrolling in a new one. That in those counties where 
only part of the militia are appointed to join in battalion, the re- 
spective committees of observation form the other companies into 
battalion, if there are sufficient in number for that purpose, and in 
those counties where there are not any battalions formed, that the 
said committees proceed, as soon as may be, to divide their militia 
into battalions, according to the resolves of the late convention. 

That within the general description of able bodied effective free- 
men of this province, are intended to be included, overseers, and 
those who are bound by contract made within this province, to 
serve in any particular quality or capacity, being able bodied effec- 
tive men, between sixteen and fifty years of age. 

That a brigadier-general, a quarter-master, and an adjutant gen- 
eral, be appointed by the convention over every eight battalions, 
and to include within that command, all artillery companies and 
other militia within the district. 

That the counties ballot for the rank of colonels and battalions 
from number one to nutnber sixteen, and so the county drawing 
number one to have its second battalion the seventeenth of the 
province, &lc., and all field and commissioned officers to rank ac- 
cording to their commissions, and as to those who bear the like 
commissions, according to the number of the battalion to which 
they belong. 

That the companies of each battalion ballot from number one to 
number eight, and hold their rank the first battalion day according 



1776.] OF THE PROVINCE OF MARYLAND. 77 

to the numbers drawn, the second day number two to take the place 
of number one, and number one the place of number eiwht, and so 
on, that equals may each in turn have the most honorable place, 
and every man may be instructed to act in any part of a battalion, 
as occasion may require 

That to avoid a needless and insupportable expense, no person 
after the tenth day of May next, wear any uniform at exercise, 
either in single companies or in .battalion, but huntina shirts, the 
officers distinguishing themselves from the privates by different 
feathers, cockades, or the like, as fancy may direct. 

Convention adjourns till to-morrow morning half after 9 o'clock. 

FRIDAY, January 5, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Sluby appeared in the 
house. Mr. Bishop has leave of absence. 

On motion, Resolved, That the several committees of observa- 
tion purchase the whole of the sulphur in their respective coun- 
ties, provided it is to be had at six pence per pound, and that they 
transmit the same, with an account thereof, as soon as may be, to 
Messrs. William Lux and Daniel Bowly, of Baltimore town ; and 
that the committees of observation be empowered to draw on the 
treasurer of their respective shore, for as many of the bills of credit 
of this province as may be wanted ; as well for the purposes afore- 
said, as for any expenses to be incurred in removing the sulphur to 
Baltimore town. 

Ordered, That the clerk make out and transmit copies of the 
above resolve to the several committees of observation for each 
county in this province. 

On motion, Resolved, That the several counties in this province 
be divided into the following districts, to wit: St. Mary's, Charles, 
Calvert, and Prince George's counties, into one district. Anne 
Arundel, Baltimore, and Harford counties, into another district. 
Frederick county into another district. Cecil, Kent, Queen Anne's 
and Talbot counties, into another district. Dorchester, Caroline, 
Somerset, and Worcester counties, into another district. 

That to each of the said districts or brigades, there be one briga- 
dier-general, a quarter-master, and an adjutant. 

Adjourned till three o'clock. 

POST MERIDIEM. 

Convention met. Mr. J. Dashiell has leave of absence till Mon- 
day next. 



78 PROCEEDINGS OF THE CONVENTION [1776- 

Mr. Scolt brings in and delivers to Mr. President a draught of 
instructions for the deputies representing this province in con- 
gress, which was read the first time and ordered to lie on the table. 

Convention adjourned till to-morrow morning half after nine 
o'clock. 

SATURDAY, January 6, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. John Reeder, jun. a 
members for Saint Mary's county, appeared and took his seat in 
the house. Mr. John Allen Thomas has leave of absence. 

The convention elected by ballot the following persons field 
ofliicers for the militia: Mr. Henery Hooper brigadier-general of 
the lower district on the eastern shore. Mr. James Lloyd Cham- 
berlaine of the upper district. Mr. John Dent of the lower dis- 
trict on the western shore. Mr. Andrew Buchanan of the middle 
district. Mr. Thomas Johnson, jun. of the upper district. 

Resolved, That the said brigadiers-general rank in the following 
manner, to wit. Brigadier-general Johnson, 1st. Brigadier-general 
Hooper, 2d. Brigadier-general Dent, 3d. Brigadier-general Cham- 
beilaine, 4th. Brigadier-general Buchanan, 5th. 

On motion, Resolved, That the acceptance of a superior office 
in the militia of this province be a vacation of the inferior office. 
For Saint Mary's County. 

Upper battalion. Mr. Jeremiah Jordan, colonel; Mr. John Reider, 
jun. lieutenant-colonel; Mr. James Eden, 1st major; Mr. John 
Hanson Briscoe, 2d major; Mr. James Mills, quarter-master. 
Lower battalion. Mr. Richard Barnes, colonel ; Mr. John Hatton 
Reed, lieutenant-colonel; Mr. Ignatius Fenwick, jun. 1st major; 
Mr. Samuel Abell, sen. 2d major ; Mr. Hugh Hopewell, jun. quarter- 
master. 

For Charles County. 

Upper battalion. Mr. William Harrison, colonel ; Mr. Samuel 
Hanson, of Samuel, lieutenant-colonel ; Mr. Kenelm Truman 
Stoddert, 1st major; Mr. Samuel Hanson, jun. 2d; Mr. Walter 
Hanson, quarter-master. Loioer battalion. Mr. Josias Hawkins 
colonel; Mr. Robert T. Hooe, lieutenant-colonel; Mr John Mar- 
shall, 1st major; Mr. John Harris, 2d; Mr. John Nathan Smoot, 
quarter- master. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. Thomas Wright, Mr. Sim, and Mr. Tyler, 
have leave of absence. Mr. Letherbury appeared in the house. 



1776.] OF THE PROVINCE OF MARYLAND. 79 

The convention resumed the election of officers for the militia 
and elected by ballot. 

For Cala'ert County. 

Mr. Benjamin Mackrill 4th, colonel; Mr. Alexander Somervill, 
lieutenant-colonel ; Mr. Joseph Wilkinson, 1st major; Mr. Patrick 
Sim Smith, 2d ; Mr. William Allein, quarter-master. 
For Anne-Arundel County. 

Elk-Ridge battalion. Mr. Thomas Dorsey, colonel ; Mr. John 
Dorsey, lieutenant-colonel; Dr. C. A. Warfield, 1st major; Mr. 
Edward Gaither, jun. 2d; Mr. Benjamin Howard, quarter-master. 
Severn battalion. Mr. John Hall, colonel ; Mr. Rezin Hammond, 
lieutenant-colonel; Mr. Nicholas Worthington, 1st major ; Mr, 
Elijah Uobosson, 2d; Mr. Matthias Hammond, quarter-master. 
South-River battalion. Mr. John Weems, colonel ; Mr. Richard 
Harwood, jun. lieutenant-colonel; Mr. John Thomas, 1st major;. 
Mr. Thomas Tillard, 2d; Mr. Edward Tillard, quarter-master. 
For Frederick County. 

First battalion. Mr. Charles Beatty, colonel; Mr. William Beatty, 
lieutenant-colonel; Mr. Ludwick Weltner, 1st major; Mr. Benjamin 
Johnson 2d ; Mr Lewis Bush, quarter-master. Second batatlion. 
Mr. James Johnson, colonel ; Mr. Joseph Wood, lientenant-colo- 
nel ; Mr. Benjamin Ogle, 1st major; Mr. Roger Johnson, 2d ; 
Mr. Azel Waters, quarter-master. Third battalion. Mr. Jacob 
Good, colonel; Mr. William Blair, lieutenant-colonel; Mr. Samuel 
Shaw, 1st major; Mr. William Shields, 2d ; Mr. Joseph M'Killip, 
quarter-master. Fourth battalion. Mr. Baker Johnson, colonel ; 
Mr. William Luckett, lieutenant-colonel ; Mr. Jacob Miller, 1st 
major; Mr. Henry Darnall, 2d ; Mr. Nicholas Tice, quarter-master. 
Lower District. 

Lower battalion. Mr. John Murdock, colonel ; Mr. Thomas 
Johns, lieutenant-colonel; Mr. Richard Brooke, 1st major; Mr. 
Willilhi Deakins, 2d; Mr. Richard Thompson, quarter-master. 
Upper battalion. Mr. Zadock Magruder, colonel; Mr. Charles 
G. Griffith, lieutenant-colonel; Mr. Francis Deakins, 1st major; Mr. 
Richard Crabb, 2d ; Mr. Samuel Du Vail, quarter-master. 
Upper District. 

First battalion. Mr. John Stull, colonel ; Mr. Andrew Rench, 
lieutenant-colonel; Mr. Henry Shryock, 1st major; Mr. George 
Woltz, 2d ; Mr. Elie Williams, quarter-master. Second battalion. 
Mr. Samuel Beall, colonel ; Mr. Joseph Smith, lieutenant-colonel; 
Mr. Richard Davis, 1st major ; Mr. Charles Swearingen, 2d ; Mr. 
James Chapline, quarter-master. 



80 • PROCEEDINGS OF THE CONVENTION [1776. 

For Harford County. 

Upper hnftaliov. Mr. Aqnila H;ill, colonel; Mr. John Love, 
lieuteiianf-colonol ; Mr. Josias (.'arvill Hall, 1st major; Dr. John 
Archer, Hd ; Mr. Richard Dallam, quarter-master. Lower haltalion. 
Mr. Benjamin Rtunsey, coi(»nei; Mr. Thomas Bond, lieutenant- 
colonel ; Mr. Abraham Jarrett, Vai major; Mr. John Taylor, 2d; Mr. 
Robert Amos, cjuarter-master. 

P'oR Cecil County. 

Bohemia battalion. Mr. John Veazey, jun. colonel ; Mr. John 
D. Thomson, lieutenant-colonel; Mr. William Ramsey, 1st major; 
Dr Joshua Clayton, 2d ; Mr. Samuel Young, quarter-master. Elk 
battalion. Mr. Charles Rumsey, colonel ; Mr. Henery Hollings- 
vvorth, lieutenant-colonel; Mr. Edward Parker, Ist major; Mr. 
John Strawbridgc 2d ; Mr. Thomas Huggins, quarter-master. 
Smqitthauna battalion. Mr. George Johnson, colonel ; Mr. Tho- 
mas Huffhes, lieutenant-colonel ; Mr. John Hart&horn, 1st major ; 
Mr. Elihu Hall, 2d ; Mr. John Hambleton, quarter-master. 
For Queen Anne's County. 

Upper battalion. Mr. Richard T. Earle, colonel ; Mr. Samuel 
Thompson jun. lieutenant-colonel ; Mr. John Seney, 1st major; 
Mr. James Kent, 2d ; Mr. William Bruff, quarter-master. Lower 
battalion. Mr. Thomas jWright, colonel ; Mr. Richard Tilgh- 
man, lieutenant-colonel; Mr. William Hemsley, 1st major ; Mr. 
Arther Emory, 2d; Mr. James Tilghman, quarter-master. 
For Somerset County. 

Upper battalion. Mr. George Dashiell, colonel ; Mr. George 
Day Scott, lieutenant-colonel; Mr. John Stewart, 1st major; Mr. 
William Horsey, 2d ; Mr. Severn Hitch, quarter-master. Lower 
battalion. Mr. Thomas Hayward, colonel; Mr. Peter Waters, lieu- 
tenant-colonel ; Mr. Thomas Bruff, 1st major; Mr. William Wateis, 
of William, 2d ; Mr. William Gillis, quarter-master. 
For Worcester County. 

First battalion. Mr. Peter Chaille, colonel; Mr. Joseph Da- 
shiell, lieutenant-colonel; Mr. John Done, 1st major; Mr. Robert 
Done, 2d; Mr. George Martin, quarter-master. Second battalion, 
Mr. William Purnell, colonel ; Mr. Zadock Purnell, lieutenant- 
colonel ; Mr. Samuel Handy, 1st major; Mr. William Morris, 2d ; 
Mr. Josias Mitchell, quarter-master. 

The convention adjourns till Monday morning half after nine 
o'clock. 



1776.] OF THE PROVINCE OF MARYLAND. 81 

MONDAY, January 8, 1776. 

Convention met. All members present as on Saturday, except 
Mr. J. A. Thomas, Mr. Thomas Wright, Mr. Sim, and Mr. Tyler. 
The proceedings of Saturday were read. Mr. Edward Lloyd, a 
member elected for Talbot county in the room of Francis Baker, 
and Mr. Thomas Ringgold, appointed a member for Kent county, 
in the room of Mr. Thomas Smyth, who refused to act, appeared 
and took their seats in the house. Mr. Sudler and Mr. Buchanan 
appeared in the house. Mr. William Adams has leave of absence. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. Tyler and Mr. Dallam appeared in the 
house. 

The following persons were elected by ballot to the battalion in 
Talbot county, to wit: 

Mr. Christopher Birkhead, colonel; Mr. Peregrine Tilghman, 
lieutenant-colonel ; Mr. Jeremiah Banning, 1st major; Mr. Robert 
Lloyd Nicols, 2d ; Mr. Nicholas Thomas, quarter-master. 

On motion, Resolved, That the nomination of field officers for 
Dorchester county be postponed ; and that the council of safety, 
hereafter to be appointed, be empowered to appoint them. 

The following election by ballot for Caroline county was had : 

East battalion. Mr. William Richardson, colonel ; Mr. Henry 
Dickinson, lieutenant-colonel; Mr. William Whitely, 1st major ; 
Mr. Matthew Driver, 2d ; Mr. John White, quarter-master. West 
battalion. Mr. Philip Fiddeman, colonel ; Mr. Benson Stainton, 
lieutenant-colonel; Mr. Richard Mason, 1st major; Mr. Henry 
Downes, 2d ; Mr. Thomas Hardcastle, quarter-master. 

The convention adjourns till to-morrow morning half after nine 
o'clock. 

TUESDAY, January 9, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. 

The memorials of Patrick Hamilton, and John Archer and James 
Harris, relating to the establishment of linen and woollen manu- 
factories, were read the first time and ordered to lie on the table. 

Ordered, That nine hundred copies of the proceedings relative 
to the manufacture of salt-petre be immediately printed. 

On motion. Resolved, That a committee be appointed to prepare 
and report a scheme for the emission of bills of credit, to defray 
11 



82 PROCEEDINGS OF THE CONVENTION [1776. 

the expenses of defending this province; and Mr. Hollyday, Mr. 
T. Johnson, Mr. Hooe, Mr. Runisey, and Mr. J. Tilghman, were 
elected by ballot a committee for that purpose. 

On motion, Resolved, That the instructions for the deputies re- 
presenting this province in congress, be taken into consideration 
to-moirow. 

The convention adjourns till to-morrow morning half after nine 
o'clock. 

WEDNESDAY, January 10, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Sim, Mr. Mackall, and 
Mr. John Allen Thomas, appeared in the house. 

The order of the day for taking into consideration the instruc- 
tions for the deputies represening this province in congress, being 
read, the same were taken into consideration, and after some de- 
bate thereon, the convention adjourned. 

THURSDAY, January 11, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read, Mr. Smith, Mr. Jordan, and 
Mr. Gilpin, have leave of absence. 

The convention resumed the consideration of the instructions 
for the deputies representing this province in congress, which were 
read, considered, and agreed to ; and are as follow : 

In CONVENTION, January 12th, 1776. 
To the honorable Matthew Tilghman, Esq., Thomas Johnson, jr., 

Robert Goldsborough, William Paca, Samuel Chase, Thomas 

Stone, Robert Alexander, and John Rogers, Esquires. 

The convention taking into their most serious consideration, the 
present state of the unhappy dispute between Great Britain and the 
united colonies, think it proper to deliver you their sentiments, and 
to instruct you in certain points, relative to your conduct in con- 
gress, as representatives of this province. 

The experience we and our ancestors have had of the mildness 
and equity of the English constitution, under which we have grown 
up to and enjoyed a state of felicity, not exceeded among any peo- 
ple we know of, until the grounds of the present controversy were 
laid by the ministry and parliament of Great Britain, has most 
strongly endeared to us that form of orovernment from whence these 
blessing have been derived, and makes us ardently wish for a re- 
conciliation with the mother country, upon terms that may insure 
to thesis colonies an equal and permanent freedom. 



1776.] OF THE PROVINCE OF MARYLAND. 83 

To this constitution we are attached, not merely by habit, but 
by principle, being in our judgments persuaded, it is of all known 
systems best calculated to secure the liberty of the subject, to 
guard against despotism on the one hand, and licentiousness on 
the other. 

Impressed with these sentiments, we warmly recommend to you, to 
keep constantly in your view the avowed end and purpose for which 
these colonies originally associated, the redress of American griev- 
ances, and securing the rights of the colonists. 

As upon the attainment of these great objects, we shall think it 
our greatest happiness to be thus firmly united to Great Britain, we 
think proper to instruct you, that should any proposition be hap- 
pily made by the crown or parliament, that may lead to or lay a 
rational and probable ground for reconciliation, you use your ut- 
most endeavors to cultivate and improve it into a happy settlement 
and lasting amity, taking care to secure the colonies against the 
exercise of the right assumed by parliament to tax them, and to 
alter and change their charters, constitutions, and internal polity, 
without their consent, — powers incompatible with the essential se- 
curities of the lives, liberties, and properties of the colonists. 

We further instruct you, that you do not without the previous 
knowledge and approbation of the convention of this province, as- 
sent to any proposition to declare these colonies independent of 
the crown of Great Britain, nor to any proposition for making or 
entering into alliance with any foreign power, nor to any union or 
confederation of these colonies, which may necessarily lead to a 
separation from the mother country, unless in your judgments, or 
in the judgments of any four of you, or of a majority of the whole 
of you, if all shall be then attending in congress, it shall be thought 
absolutely necessary for the preservation of the liberties of the uni- 
ted colonies; and should a majority of the colonies in congress, 
against such your judgment, resolve to declare these colonies inde- 
pendent of the crown of Great Britain, or to make or enter into 
alliance with any foreign power, or into any union or confedera- 
tion of these colonies, which may necessarily lead to a separation 
from the mother country, then we instruct you immediately to call 
the convention of this province, and repair thereto with such pro- 
position and resolve, and lay the same before the said convention, 
for their consideration, and this convention will not hold this pro- 
vince bound by such majority in congress, until the representative 
body of the province in convention assent thereto. 

Desirous as we are of peace with Great Britian upon safe and 
jionourable terms, we wish you nevertheless, and instruct you, to 



84 PROCEEDINGS OF THE CONVENTION [1776. 

join with the other colonies in such military operations as may be 
judged proper and necessary for the common defence, until such 
a peace can be hapily obtained. 

At the same time we assure you that we have an entire confidence 
in your abilities and integrity in the discharge of the great trust re- 
posed in you, we must observe to you as our opinion, that in the 
relation of constituent and representative, one principal security 
of the former is, the right he holds to be fully informed of the con- 
duct of the latter: we can conceive no case to exist, in which it 
would be of more importance to exercise this right than the pre- 
sent, nor any in which we can suppose the representative would 
more willingly acquiesce in the exercise of it. We therefore instruct 
you, that you move for and endeavor to obtain a resolve of con- 
gress, that the votes given by the colonies on every question agita- 
ted in congress, shall appear upon the journals thereof; and if such 
resolve be obtained, that you, at the expense of this province, pro- 
cure copies of the said journals, except such parts thereof as relate 
to military operations, and measures taken to -procure arms and 
ammunition, and from time to time lay the same before the con- 
vention of this province, shewing the part you, as representatives 
of the province, take in such qestions. 

And we further instruct you, to move for and endeavor to obtain 
a resolve of congress, that no person who holds any military com- 
mand in the continental or any provincial regular forces, or marine 
service, nor any person who holds or enjoys any office of profit 
under the continental congress, or under any government assumed 
since the present controversy with Great Britain began, or which 
shall hereafter be assumed, or who directly or indirectly receives 
the profits or any part of the profits of such command or office, 
shall, during the time of his holding or receiving the same, be eli- 
gible to sit in congress. 

Convention adjourns till to-morrow morning half after 9 o'clock. 

FRIDAY, January 12, 1776. 

Convention met. All members present as on yesterday, except 
Mr. S.Chase, Mr. Jordan, Mr. Smith, and Mr. Gilpin. The proceed- 
ings of yesterday were read. 

Mr. President communicates to the convention several resolu- 
tions of congress, which were read and ordered to lie on the table. 

Mr. Ware has leave of absence. 

Adjourned till 3 o'clock. 



1776] OF THE PROVINCE OF MARYLAND. 85 

POST MEREDIEM. 

Convention met. 

Mr. Hollyday brings in and delivers to Mr. President, a report 
from the committee appointed to prepare and report a scheme for 
the emission of bills of credit, to defray the expenses of defending 
this province, and other purposes therein mentioned, which was 
read the first time and ordered to lie on the table. 

A report from the committee appointed to receive proposals re- 
lating to the establishment of manufactories of any kind within this 
province, was read and considered; and thereupon Resolved, That 
six hundred pounds in bills of credit out of the public treasury, be 
advanced to Mr. VVilliam Whetcroft of the city of Annapolis, for 
the term of two years, without interest, he giving bond with good 
security to repay the same; the said William Whetcroft to con- 
tract to build and complete, within the space of six months, at his 
own risk, a rolling, sheeting, and slitting mill, within twenty miles 
of Baltimore town, or in any other part of the province that this con- 
vention shall appoint; and therefrom to supply the public and indi- 
viduals with slit or sheet iron, at the price the same, at the time of 
sale thereof, can be purchased in Pennsylvania or Virginia, and 
that it shall never exceed the sum of thirty-five pounds common 
money per ton. The said William Whetcroft also to slit, roll, or 
make into sheet or flatted iron, any quantity thereof, the property 
of the public, brought to the said mill, at the rate of five pounds 
per ton ; and any quantity thereof, the property of private persons, 
being inhabitants of this province, at the rate of six pounds per 
ton, if brought to the said mill. 

Ordered, That no commission issue to Mr. John Thomas, first 
major of the South River battalion in Anne Arundel cijunty, he 
having declined that office ; or to any of the officers of Mr. John 
Burgess' company; or to Mr. William Gambrill, a lieutenant of 
Mr. John Boone's company, during the sitting of this convention, 
but that the same be referred to the council of safety. 

The convention proceeded to ballot for the rank of counties and 
colonels, when the rank was settled as follows : 

Somerset 1, Cecil 2, Dorchester 3, Talbot 4, Queen Anne's 5, St. 
Mary's 6, Anne Arundel 7, Harford 8, Baltimore 9, Worcester 10, 
Prince George's 11, Charles 12, Kent 13, Caroline 14, Calvert 15, 
Frederick 16. 

In Somerset county. Col. George Dashiell of the first battalion, 
1 ; col. Thomas Hayward, 17. 

Cecil county. Col. Charles Rumsey, 2; col. John Veazey, 18; 
col. George Johnson, 30. 



86 PROCEEDINGS OF THE CONVENTION [1776. 

Dorchester. Upper battalion, 3; lower battalion 19. 

Talbot. Col. Christopher Birkhead, 4. 

Queen Anne's. Col. Kichard T. E'lrle, 5; col. Thomas Wright, 
20. 

St. Mary's. Col. Jeremiah Jordan, 6 ; col. Richard Barnes, 21. 

Anne Arundel. Col. John Hall, 7; col. Thomas Dorsey, 22; 
col. John Weems, -J I. 

Harford. Col. Benjamin Rumsey, S ; col. Aquilla Hall,. 23. 

Baltimore, 9. 

Worcester. Col. Peter Chaille, 10 ; col. William Purnell, 24. 

Prince George's. Lower battalion, 11; upper battalion, 25. 

Charles. Col. Josias Hawkins, 12; col. William Harrison, 26. 

Kent. Lower battalion, 13; upper battalion, 27. 

Caroline. Col. William Richardson, 14; col. Philip Fidde- 
man, 28. 

Calvert. Col. Benjamin Mackall, 4th, 15. 

Frederick. Col. Zadock Miigruder, 16 ; col. John Murdock, 29 ; 
col. John StuU, 31; col. Charles Beatty, 33; col. Baker Johnson, 
34; col. Jacob Good, 35; col. Samuel Beall, 36; col. James John- 
son, 37. 

jConvention adjourns till to-morrow morning half after 9 o'clock. 

SATURDAY, January 13, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. 

On motion. Resolved, That the nomination of field-officers for 
Kent county be referred to the next session of convention. 

Several resolutions of congress were read, and ordered to lie on 
ihe table. ;• .,, 

The following persons were elected by ballot field-officers to the 
militia in Prince Geoge's county, to wit. 

The lower battalion. Mr. Joseph Sim, colonel ; Mr. Thomas 
Contee, lieutenant colonel ; Mr. Thomas Sim Lee, 1st major; Mr. 
John Rogers, 2nd ; Mr. John F. A. Priggs, quarter master. Upper 
battalion. Mr. Joshua Beall, colonel ; Mr. Robert Tyler, lieuten- 
ant colonel; Mr. Addison Murdock, Ist major; Mr. George Lee, 
2nd ; Mr. William Turner Wootton, quarter master. 

The convention took into consideration the report from the com- 
mittee appointed to prepare and report a scheme for the emission 
of bills of credit, to defray the expenses of defending this province, 
and other purposes therein mentioned, and came to the following 
resolutions thereon. 

That for the defence of this province, calling in and exchanging 



1776.] OF THE PROVINCE OF MARYLAND. 87 

the bills ofciedit emitted by virtue of the resolves of the last con- 
vention, for the encouragement of manufactories within tliis pro- 
vince, and for other purposes resolved u{)oii in convention, bills of 
credit of the denomination of dollars and parts of a dollar, to the 
amount of five hundred and thirty-five thousand one hundred and 
eleven dollars and one-ninth part of a dollar, be printed and struck 
with all convenient speed, under the care and direction of such per- 
sons as shall be appointed by the council of safety for that purpose, 

in manner and form following, to wit, "This bill of 

shall entitle the bearer hereof to receive gold or silver, at the 
rate of four shillings and six-pence sterling per dollar for the said 
bill according to a resolve of the provincial convention of Mary- 
land, held at the city of Annapolis, the 7th day of December, 1775." 

That the plates for striking the said bills of credit, be procured 
to be cut in copper, by some skilful person in the city of Philadel- 
phia, at the expense of this province, by the deputies of this pro- 
vince in congress, or some two of Ihem, and shall have such de- 
vices and marks as the said deputies or such two of them shall direct, 
and the number and denomination of the said bills shall be the fol- 
lowing and no other, to wit; sixteen thousand bills of eight dollars 
each, sixteen thousand bills of four dollars each, sixteen thousand 
bills of two dollars and two third parts of a dollar each, thirty-two 
thousand bills of two dollars each, thirty-two thousand bills of one 
dollar and one third part of a dollar each, thirty-two thousand bills 
of one dollar each, thirty-two thousand bills of two third parts of 
a dollar each, forty thousand bills of half dollar each, forty thou- 
sand bills of one third part of a dollar each, forty thousand bills of 
one sixth part of a dollar each, and forty thousand bills of one ninth; 
part of a dollar each. 

That the said deputies or any two of them also purchase and pro- 
vide a sufficient quantity of proper paper, on which to print and 
strike the said bills of credit, and that they or some of them do as 
soon as conveniently may be, transmit the said plates and paper to 
the council of safety aforesaid, and that the said council of safety 
do forthwith cause the said bills of credit to be printed and struck, 
under the direction of two discreet and sober freemen of this pro- 
vince, to be by them appointed to that service, who shall be called; 
supervisors. 

That the said supervisors shall use the best of their care and dil- 
igence that the said bills, according to their respective denomina- 
tions aforesaid, and according to the manner and form aforesaid, 
be forthwith printed and struck, and that the number of the de- 
ttominations thereof be not exceeded, nor any clandestine or fraudu= 



88 PROCEEDINGS OF THE CONVENTION [1776. 

lent practice be used by the printer, his apprentices, servants, and 
others concerned in the printing or striking thereof. 

That the printer and all his apprentices and servants which he 
shall employ in the said work, before he or they enter upon the same, 
take before some justice of the peace, in the presence of one or both 
of the said supervisors ; the following oath, to wit : " I A. B. do 
swear that I will truly, faithfully and honestly perform the duty of 
printer of the bills of credit directed to be printed by a resolve of the 
convention of Maryland, held at the city of Annapolis the seventh day 
of December, seventeen hundred and seventy-five, and that I will 
not advisedly print or stamp a greater number of blank bills of cred- 
it than in that resolve mentioned, nor of any other denomination 
than therein expressed, except such sheets as may be so blotted, un- 
fair, or imperfect in printing or striking thereof, that the same shall 
be unfit for use. So help me GOD." 

That the said printer shall not by himself, his servants, or any 
other person by him employed, print, strike, stitch, or bind the said 
bills, or any of them, but in the presence of one or both of the said 
supervisors. And in every intermission of the work, the said su- 
pervisors shall safely and securely lock up the press and stamps 
with which the work shall be performed, and the impressions which 
shall be then made, in the room in which the printing and binding 
shall be done, and the keys of such room shall keep in their posses- 
sion ; and when all the said bills shall be printed and struck, the 
plates shall be delivered by the printer to the said supervisors, and 
by them to the convention, or in its recess to the council of safety. 

That Charles Wallace, John Davidson, Nathan Hammond, Rich- 
ard Tootell, James Brice, John Brice, Thomas Brook Hodgkin, 
John Duckett, Robert Lloyd Nichols, Samuel Sharp, Richard Tilgh- 
man, jun., Henry Banning, Peregrine Tilghman, William Perry, 
Jeremiah Banning, and Joseph BrufT, be signers of the said bills. 

That the said supervisors, as soon as the said bills shall be print- 
ed, struck, stitched, and bound, shall deliver three fourth parts 
thereof in value to the treasurer of the Western shore appointed 
by the last convention, and the other fourth part thereof to the trea- 
surer of the eastern shore appointed by the last convention ; and the 
said treasurers shall deliver out to the signers residing on their re- 
spective shores, such and so many of the said bills to be immediately 
numbered and signed by them, as may be sufficient to answer any 
probable and immediate demand on them for the same, not exceed- 
ing twelve thousand dollars ; and each of the said bills shall be num- 
bered and signed by some two of the said signers, and returned 
again after being numbered and signed, to the respective treasurers ; 



1776] OF THE PROVINCE OF MARYLAND. 89 

and so from time to time shall the said bills be delivered out, num- 
bered, signed, and returned to the said treasurers respectively, 
either of the said treasurers not keeping by him at any one time rea- 
dy numbered and signed, more than twelve thousand dollars. 

That receipts of every delivery of the said bills, before and after 
the numbering and signing the same, be given by the signers and 
treasurers respectively, each to the other. 

That the treasurer of the western shore, out of the said bills of 
credit in his hands, pay to each of the supervisors two dollars and 
two third parts of a dollar for each day's attendance«and supervising 
the said work, to the deputies who shall procure the plates and 
paper for printing and striking the said bills, so much as they shall 
pay for the same, and for transmitting them as aforesaid, and to the 
printer so much as shall be agreed by the council of safety, for his 
services, and for the ink and other materials, except paper, neces- 
sary for the said work ; and the said treasurers shall also respec- 
tively pay to each signer of every thousand of the said bills, one 
dollar and one third part of a dollar for his service. 

That each of the said treasurers shall retain for his services, at 
the rate of one half per centum on all monies by him paid and de- 
livered, and no more. 

The torn and defaced bills shall be exchanged at reasonable and 
convenient times. 

That the said bills of credit shall be redeemed and sunk on or 
before the first day of January, seventeen hundred and eighty-six, 
by taxes, or other legislative provision ; and this convention bind 
their constituents and pledge the faith of the province for the re- 
demption of the said bills on or before the said first day of January, 
seventeen hundred and eighty-six. 

That two hundred and sixty-six thousand six hundred and sixty-six 
dollars and two third parts of a dollar of the said bills of credit, so to 
be printed and struck, shall be applied to exchange the bills of credit 
printed and struck by virtue of the resolve of the last convention 
of this province, and that the said treasurers shall forthwith after 
their receipt of the bills of credit hereafter to be printed and struck, 
give public notice in the newspapers printed in this province, and 
in the several newspapers printed in Philadelphia and Williams- 
burg, that they will give and deliver in exchange any number 
and value of the bills of credit hereafter to be printed and struck, 
for the like number and value of the bills of credit printed and 
struck by virtue of the resolve of the last convention, at such times 
and places as shall be by them appointed for that purpose ; and the 
said treasurers shall, upon the application of any person or peraonaf 
12 



90 PROCEEDINGS OF THE CONVENTION [1776. 

holding any number and value of the said former bills of credit, de- 
liver to such person or persons the like value in the new bills of 
credit in lieu thereof, at such times and places as aforesaid. 

That each of the said treasurers shall, at the public expense, 
provide a fit instrument for cutting a piece of one inch square, as 
near as maybe, out of the bills so to be. brought in and exchanged, 
and shall upon his receipt of any of the said former bills of credit 
in exchange as aforesaid, cut out of every of such bills so received, 
one inch square, as near as may be, taking care not to defnce the 
denomination thereof, and shall preserve such bills until the meet- 
ing of the then next convention, and ])rodLice all such bills, and 
also all the former bills of credit remaining in his hands to such 
convention, to be destroyed. 

That from and after the receipt of the said new bills of credit by 
the said treasurers respectively, all payments which they shall 
make by virtue of any resolve of this or the last convention, shall 
be made in the said new bills of credit, and not in the said former 
bills of credit. 

That the person to be employed in the cutting the said plates 
for striking the said new bills of credit, if required by the said 
delegates, or such two of them as shall agree for the sam-, take an 
oath, or affirmation if a qnaker, that he will not by himself, his ap- 
prentices or servants, make or cut, or suffer to be made or cut, 
any more or other plates than those which shall be ordered to be 
cut by the said deputies or some two of them, in the similitude and 
likeness of the plates which shall be so ordered to be cut, or in the 
similitude and likeness of any of them, unles requested so to do 
by the convention of this province, or by some authority derived 
from the said convention. 

That the treasurcis aforesaid respectively, be allowed to retain 
as a satisfaction for their trouble in exchanging new bills of credit 
for the formfr bills of credit as aforesard, at the the rate of one 
half per centum for all bills by them so exchanged, out of the said 
new bills of credit. 

That the said bills of credit which shall be so as aforesaid printed 
and struck, over and above the said bills hereby directed to be ap- 
plied to exchange the said former bills of credit, be applied to the 
several purposes resolved on in this and the last convention of this 
province, and that the treasurers pay the same to the orders of the 
convention or council of safety. 

That the said treasurers, before they receive the said blank bills 
to be printed and struck by virtue of the resolves of this conven- 
tion, shall give bonds respectively, the treasurer of the western 



1776.] OF THE PROVINCE OF MARYLAND. 91 

shore in the penalty of twelve thousand pounds sterling, payable 
to the honorable Daniel of St. Thomas Jenifer, Charles Carroll of 
Carrolhon, and Charles Carroll, barrister, Esqrs.; and the treasurer 
of the eastern shore in the penalty of four thousand pounds ster- 
ling, payable to the honorable Matthew 'J'ilghman, Edward Lloyd, 
and James Lloyd Chamberlaine, Esqrs., with the like conditions as 
directed by the resolve of the last convention ; both which bonds 
shell be with sufficient sureties, to be approved of by the obligees 
therein named, or any two of them respectively. 

Mr. Buchanan and Mr. Beatty have leave of absence. 

Convention adjourns till to-motrow morning half after 9 o'clock. 

SUNDAY, January 14, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Buchanan, Mr. Sudler, Mr. Beaty, Mr. Lloyd, Mr. Sim, and 
Mr. Tyler. The proceedings of yesterday were read. 

The convention took into consideration the report from the com- 
mittee appointed to report resolutions for raising, clothing and vic- 
tualling the forces to be raised in this province, and came to the 
following resolutions thereon. 

Resolved, That one battalion of regular troops, to be composed 
of one colonel, one lieutenant-colonel, two majors, one adjutant, 
one quarter-master, and nine companies, one of which of light in- 
fantry, and also seven independent companies of regular troops, 
two companies of artillery, and one company of marines, be imme- 
diately raised, and paid and supported at the expense of this pro- 
vince, for the defence of the liberties thereof. 

That each of the said independent companies and companies of 
artillery consist of one captain, three lieutenants, four sergeants, 
four corporals, one drummer, one fifer, and ninety-two privates. 

That each of the said companies of the battalion, except the 
company of light infantry, be composed of one captain, two lieu- 
tenants, one ensign, four sergeants, four corporals, one drummer, 
one fifer, and sixty privates. 

That the company of light infantry be composed of one captain, 
three lieutenants, four sergeants, four corporals, one drummer, one 
fifer, and sixty-four privates; and that the privates be made up as 
well by drafts from the other companies of the battalion as by 
enlistments, at the discretion of the colonel or commanding officer 
of the said battalion for the time being. 



92 PROCEEDINGS OF THE CONVENTION [177G 

That the pay of the said battalion, independent companies, and 
marines, by the calendar month, be as follows : 



The colonel, 


$50 


Every Ensign, 


16 


For his expenses, 


• 30 


Every sergeant. 


6| 


The lieutenant-colonel 


40 


Every corporal, 


6 


For his expenses when act- 




Every drummer and fifer, 


6 


ing in a separate depart- 




Surgeon, _ - - 


40 


ment from the colonel, 


20 


Surgeon's mates, each. 


20 


Each major, 


33^ 


Chaplain, 


20 


Every captain. 


2G 


Every private, 


^ 


Each lieutenant. 


18 


Clerk to colonel. 


20 



That the pay of the said artillery companies, by the calendar 
month, be as follows: 

Every captain, - - 2Cf Every sergeant, - - 6| 

Every lieutenant, - 18^ Every corporal, - - 6 

That the pay of the officers, seamen and others, (except the ma- 
rines) in the pay of this province, in the marine service, by the 
calendar month, be regulated by the council of safety. 

That a ration consisting of one pound of beef, or three quarters of 
a pound of pork, one pound of flour or bread per man per day, three 
pints of peas at six shillings per bushel per week, or other vegeta- 
bles equivalent ; one quart of indian meal per week ; a gill of vin- 
egar and a gill of molasses per man per day ; a quart of cider, 
small beer, or a gill of rum, per man per day; three pounds of can- 
dles for one hundred men per week, for guards; twenty-four pounds 
of soft soap, or eight pounds of hard soap for one hundred men 
per week. 

That the forces employed in the land service be entitled to the 
following rations, to wit: Colonel 6, lieutenant-colonel 5, major 4, 
captain 3, subaltern 2, Staff 2, non-commissioned or private 1. 

That the allowance to the officers and men employed in the ma- 
rine service be such as may be hereafter settled by the council of 
safety. 

That the following persons be officers of the said forces, to wit : 

Of the battalion. William Smallwood, Esq., colonel ; Francis 
Ware, Esq., lieutenant-colonel; I'homas Price, Esq., 1st major; 
Mordecai Gist, Esq., 2d major. 

First company. John Hawkins Stone, captain ; Daniel Bowie, 
1st lieutenant; John Kidd, 2d lieutenant; Benjamin Chambers, 
ensign. 

Second company. William Hyde, captain ; Benjamin Ford, 1st 
lieutenant; John Beane?, 2d lieutenant; Henry Gaither, ensign. 



1776.] OF THE PROVINCE OF MARYLAND. 1)3 

Third company. Barton Lucas, captain ; William Sterrett, 1st 
lieutenant; Alexander Roxburgh, 2d lieutenant; William Ridgely, 
ensign. 

Fourth company. Thomas Evving, captain ; Joseph Butler, 1st 
lieutenant; Joseph Baxter, 2d lieutenant; Edward Praul, ensign. 

Fifth company. Nathaniel Ramsey, captain ; Levin Winder, 
1st lieutenant; Alexander Murray, 2d lieutenant; Walker Muse, 
ensign. 

Sixth company. Peter Adams, captain ; Nathaniel Ewing, 1st 
lieutenant; David Pliinkett, 2d lieutenant; John Jordan, ensign. 

Seventh company. John Day Scott, captain; Thomas Harwood, 
son of Thomas, 1st lieutenant; Thomas Goldsmith, 2d lieutenant; 
James Peale, ensign. 

Eighth company. Samuel Smith, captain ; James Campbell, 1st 
lieutenant; Joseph Ford, 2d lieutenant ; Bryan Philpot, ensign. 

Company of light infantry. George Strieker, captain; Thomas 
Smyth, jun., 1st lieutenant ; James Ringgold, 2d lieutenant ; Hatch 
Dent, 1st lieutenant. 

Of the independent companies. 

First company. Rezin Beall, captain ; Bennet Bracco, 1st lieu- 
tenant ; John Halkerston, 2d lieutenant; Daniel Jenifer Adams, 
3d lieutenant. 

Second company. John Gunby, captain ; Uriah Forrest, 1st lieu- 
tenant; William Bowie, 2d lieutenant; Benjamin Brooks, Sd lieu- 
tenant. 

Third Company. John Watkins, captain ; Moses Chaille, 1st 
lieutenant; Solomon Long, 2d lieutenant ; Ely Dorsey, 3d lieuten- 
ant. 

Fourth company. James Hindman, captain ; William Goldsbo- 
rouffh, 1st lieutenant; Archibald Anderson, 2d lieutenant; Ed- 
ward Hindman, 3d lieutenant. 

Fifth company. John Allen Thomas, captain ; John Steward, 
1st lieutenant ; John Davidson, 2d lieutenant; Henry Neale, 3d 
lieutenant. 

Sixth company. Lemuel Barrett, captain ; Thomas Woolford, 
1st lieutenant ; John Eccleston, 2d lieutenant; Hooper Hudson, 
3d lieutenant. 

Seventh company. Edward Veazy, captain; William Harrison, 
1st lieutenant; Samuel T. Wright, 2d lieutenant; Edward de 
Courcy, 3d lieutenant. 

Company of Artillery at Baltimore town. Nathaniel Smith, cap- 
tain ; William Woolsey, 1st lieutenant; Alexander Furnival, 2d 
lieutenant; George Keepott, 3d lieutenant. 



94 PROCEEDINGS OF THE CONVENTION [1776. 

Company of Artillery at Annapolis. 

That Charles Wallace, Esq., be paymaster of all the land forces 
and marines when in land service, raised or to be raised in this 
province in the pay thereof, and shall be entitled to the pay of forty 
dollars per calendar month. 

That Gabriel Duvall, Escir., be muster-master of the said land 
forces, and commissary of all warlike stores appropriated for the 
use of the regular service of this province, and shall be entitled to 
the pay of fifty dollars per calendar month. 

That commissions issue to all the said officers in the forms pre- 
scribed by this convention, and that any of the said officers may be 
suspended from the exercise of their offices respectively, or dis- 
placed, and new comnii&sions may issue to any other person, at 
the will and pleasure of this or any future convention, or in the re- 
cess of convention by the council of safety, in the name and by the 
authority of the convention ; and in case of the death of any officer, 
or on his refusal to act, some other person may be appointed and 
as aforesaid commissioned in his stead by the convention or coun- 
cil of safety. 

That recruiting orders be delivered to each captain in the battal- 
ion, of the independent companies, and companies of artillery and 
marines, together with his commission, as follows : 

Instructions for enlisting men in the service of Maryland. 

1. You are to enlist no man who is not able bodied, healthy, and 
a good marcher, nor such whose attachment to the liberties of 
America you have cause to suspect. Young, hearty robust men, 
who are tied by birth, or family connections, or property, to this 
country, and are well practised in the use of fire-arms, are by much 
to be preferred. 

2. You will have great regard to moral character, sobriety in 
particular. 

3. You are not to enlist any servant imported, nor, without the 
leave of the master, any apprentice. 

4. Those whose engage in the service shall be enlisted according 
to the form prescribed by this convention. 

5. You shall appoint such men sergeants and corporals, as re- 
commend themselves by their ability, activity, and diligence; and 
you are also to appoint the drummer and fifer to your company. 

6. You will use all diligence in completing your company, and 
report (if a captain in the battalion) to your colonel, (if a captain 
in an independent company, or in the artillery, or marines) to the 
council of safety. 



i776.] OF THE PROVINCE OF MARYLAND. 95 

7. You are to be allowed seven shillings and six pence per week 
for the subsist of recruits, till they arrive at their station. 

8. You will take notice, that the colonel of the battalion, or a 
field officer to be appointed by him, is to inspect your men, and 
reject such as do not answer to your instructions. 

9. You shall be allowed seven shillings and six pence for every 
man you enlist, who shall be past on ins[)ection as effective, besides 
the subsist money mentioned before, and your pay. 

10. You will furnish the subalterns of your company with a copy 
of these instructions, who are to exert themselves in recruiting. 

By order, G. DUVALL, clerk. 
To , Captain of the . 

That all non-commissioned officers and privates of the said bat- 
talion, independent companies, and companies of artillery and ma- 
rines, be inlisted by their voluntarily subscribing an engagement in 
the following words, to wit : "We whose names are hereto sub- 
scribed, do voluntarily enlist ourselves soldiers or matrosses, or in 
the marines, as the case may happen to be, to serve as such, dur- 
ing the present dispute between Great Britain and America, un- 
less sooner discharged by order of the convention or council of 
safety in Maryland for the time being, hereby subjecting ourselves 
to such rules and regulations as are, or shall be made by the con- 
vention of Maryland, for regulating and governing the forces in the 
pay of this province. Witness our hands." 

That all non-commissioned seamen and landmen, retained in 
the pay of this province, for the naval service, shall be entered by 
their voluntarily subscribing the following engagement, to wit: — 
"We whose names are subscribed, do voluntarily enter ourselves 
as seamen, or landsmen, as the case may be, in the naval service 
of the province of Maryland, for the full term of six months next 
following, unless sooner discharged by order of the convention or 
council of safety of Maryland, or by the captain or other chief offi- 
cer of the ship or vessel in which we may be employed ; hereby sub- 
jecting ourselves to such rules and regulations as are or shall be 
made by the convention of this province, for regulating and gov- 
erning the forces in the paj thereof. Witness our hands, the dates 
affixed to our names respectively." 

That one month's pay be advanced to each person who shall be 
so enlisted or entered as aforesaid, and that over and above the pay 
of the non-commissioned officers and privates of the battalion, in- 
dependent companies, and companies of artillery and marines, 
each- of them be yearly found and allowed, at the expense of this 



96 PROCEEDINGS OF THE CONVENTION [1776. 

province, a new hat, short coat, waistcoat, pair of breeches, and 
hunting shirt; out of their pay there may be reasonable stoppages 
for necessary shirts, shoes and stockings. 

Tliat the uniform of the land forces and marines be hunting- 
shirts ; the hunting shirts of the marines to be blue, and those of 
the land forces to be other colors. 

That the ordinary stations of the said land forces be as follow: 

That five companies of the said battalion, together with the com- 
pany of light infantry, be stationed at the city of Annapolis, and 
the other three companies thereof at Baltimore town. 

That five companies of the troops, to consist of one hundred 
men each, be allotted for the eastern shore. 

That one company thereof be stationed in Worcester county ; 
one company thereof in Somerset county; one company thereof in 
Dorchester county; one company thereof in Talbot county: and 
that one half of the remaining company thereof be stationed in 
Queen Anne's county, and the other half in Kent county. 

That one company of the remainder of the said troops, to con- 
sist of one hundred men each, be stationed in St. Mary's county: 
and that one half of the other company be stationed in Calvert 
county, and the other half in Charles county. 

One company of artillery at the city of Annapolis, and the other 
at Baltimore town. 

But the council of safety may, in their discretion, more particu- 
larly point out the stations of any of the said independent compa- 
nies, or companies of artillery, or may from time to time order any 
of the said companies to change their stations with each other, or 
in case of urgent necessity may change the stations of, or order 
any part of the said forces in the pay of this province to join and 
act together, or order any part of the said forces to the relief or 
assistance of the colony of Virginia, the three lower counties on 
Delaware, or province of Pennsylvania; the said council of safety 
in the recess of convention, having the supreme direction of the 
troops. 

That the council of safety contract for supplying the rations for 
the said land forces on the best terms, the contractors giving good 
and sufficient security to comply with their contracts. 

That every field and commissioned officer in the land forces, 
shall, within one month after the accei)tance of his commission, 
and before he shall receive any pay as an officer, before some one 
of the council of safety, or some justice of the peace, take and 
subscribe an oath, which shall be endorsed and certrfied on the 
back of his commission, in the following words, to wit: "I, A. B. 



1776.] OF THE PROVINCE OF MARYLAND. 97 

do swear, that I will well and truly execute my office according to 
the within commission, and the trust reposed in me according to 
the best of my power and ability; and that I will disband and lay 
down my arms whenever I shall be ordered so to do by the con- 
vention of Maryland for the time being, or any authority derived 
under it. So help me GOD." 

That the council of safety, or any one member thereof, on the 
application of any person who is detained as having entered or 
been enlisted as aforesaid in the service of this province, or on the 
application of any person in his behalf, within twenty days after 
his having been detained as aforesaid, may and shall, with all con- 
venient speed, inquire and examine into the manner of such enter- 
ing or enlistment, and if it shall appear that such person did not 
enter or enlist voluntarily, or was fraudulently induced to enter or 
enlist, then the council of safety, or such member thereof as afore- 
said, shall discharge such person. 

That such of the said forces as the said council of safety shall 
approve, be armed with rifles, and the residue of them be armed 
and accoutred, as soldiers are usually armed and accoutred 
with the public arms already belonging to this province, and 
arms to be provided at the public expense, as soon as they can 
be procured, and in the mean time such who cannot be provided 
with public arms, may use their own firelocks, and every man who 
shall find his own rifle, shall be allowed at the rate of twenty shil- 
lings by the year for the use thereof, and those who shall find other 
fire-locks for their own use, shall be allowed each at the rate of fif- 
teen shillings per year, for the use of such fire-locks. 

That if any officer or soldier of the regular forces, minute men, 
or militia, in the service of this province, shall loose a limb, or be 
otherwise maimed or hurt, so as to be rendered incapable of earn- 
ing a livelihood, this province will make provision for the comfort- 
able support of such officer or soldier. 

That such sums of money as maybe necessary to provide houses 
for the said troops during the winter season, be by the permission 
and allowance of the council of safety advanced, out of the trea- 
suries of the respective shores on which such troops are stationed, 
by the commanding officer of the said battalion, and captains of 
the said independent companies, to be by them respectively laid 
out in providing the said houses. 

That the said treasurers respectively keep account of such mo- 
neys, charging the said city of 'Annapolis, town of Baltimore, and 
counties aforesaid, with the sums of money respectively advanced for 
the purposes aforesaid, which sums of money shall hereafter be assei- 
13 



98 PROCEEDINGS OF THE CONVENTION [1776. 

sed upon the said city, town^ and counties, to which the same are 
respectively advanced, above the proportion of the said city, town 
and counties, in the general tax. 

That such bedding, and covering and fuel, as the council of 
safety shall judge fit and proper, be provided for the said troops at 
the provincial expense. 

That proper tents and camp utensils be provided by the council 
of safety for the said troops at the expense of this province, the 
said tents to be used as soon as the season will permit. 

Mr. Johnson brings in and delivers to Mr. President a report 
from the committee appointed to report rules and regulations for 
the government of the forces to be raised in this province, which 
was read and considered, and agreed to as follows : 

Rules for regulating and governing the forces to be raised and em- 
ployed in the service of the province of Maryland. 
For the Land Forces. 
Article 1. It is earnestly recommended to all officers and sol- 
diers to attend divine service when their situation will permit, and 
all officers and soldiers who shall behave irreverently at any place 
of divine worship, shall, if commissioned officers, be brought be- 
fore a court martial, there to be publicly and severely reprimanded 
by the president; if a non-commissioned officer or soldier shall so 
offend, he shall, for the first offence, forfeit one day's pay, and for the 
second and every after offence, he shall not only forfeit the like 
sum, but be confined for any time not exceeding twenty-four hours. 

2. Whatever commissioned or non-commissioned officer or sol- 
dier shall use any profane oath or execration, shall incur the pen- 
alties expressed in the preceding article. And whatsoever com- 
missioned or non-commissioned officer or soldier shall practice any 
species of gaming, shall pay such fine, or suffer such punishment, 
as may be adjudged. 

3. Any officer or soldier who shall behave himself with con- 
tempt or disrespect towards the colonel or other chief officer of the 
land forces in the pay of this province, or shall speak false words, 
tending to his hurt or dishonor, shall be punished according to the 
nature and degree of his offence. 

4. Any officer or soldier who shall utter any words tending to 
raise a mutiny, or shall endeavour to cause any mutiny or make 
any mutinous assemblages, shall be punished according to the 
nature and degree of his offence. 

5. Any officer or soldier who shall excite, cause, or join in any 
actual mutinyjin the battalion, or in any company in the pay of this 
province, or in any parly, post, detachment, or guard, shall suffer 
€ath, or such other punishment as may be adjudged. 



1778.] OF THE PROVINCE OF MARYLAND. 99 

6. Any officer or soldier who being- present at any mutiny, does 
not use his utmost endeavours to suppress the same, or coming to 
the knowledge of any mutiny or intended mutiny, does not, with- 
out delay, give information thereof to his commanding or some su- 
perior officer, shall be punished according to the nature and degree 
of his ofience. 

7. Any officer or soldier who shall strike his superior officer, or 
draw, or offer to draw, or shall lift up any weapon, or offer any vio- 
lence against him, being in the execution of his office, or shall diso- 
bey any lawful commands of his superior officer, shall suffer such 
punishment as shall be adjudged. 

8. Any officer or soldier who shall desert to the enemy and af- 
terwards be retaken, shall suffer death, or such other punishment as 
may be adjudged. 

9. Any non-commissioned officer or soldier who shall desert, or 
without leave from his commanding officer absent himself from 
the company to which he belongs, or from any detachment of which 
he is one, shall be punished according to the nature of his offence. 

10. Whatsoever officer or soldier shall be convicted of having 
advised or persuaded any other officer or soldier to desert, shall 
suffer such punishment as shall be adjudged. 

11. All officers, of what condition soever, shall have power to 
part and quell all quarrels, frays, and disorders, and order offenders 
to be arrested and confined till their proper superior officer shall be 
acquainted therewith ; and whosoever shall refuse to obey such offi- 
cer, (though of an inferior rank) or shall draw his sword upon him, 
shall be punished according to the nature of his offence. 

12. No officer or soldier shall use any reproachful or provoking 
speeches or gestures to another, nor shall presume to send a chal- 
lenge to any person to fight a duel; and whosoever shall knowing- 
ly or willingly suffer any person whatsoever to go forth to fight a 
duel, or shall second, promote or carry any challenge, shall be deem- 
ed a principal ; and whatsoever officer or soldier shall upbraid an- 
other for refusing a challenge, shall also be considered as a challen- 
ger ; and all such offenders, in any of these or such like cases, shall 
be punished according to the nature of his offence. 

13. Any officer commanding in quarters, or on a march, shall 
keep good order, and to the utmost of his power redress all such 
abuses or disorders which may be committed by any officer or sol- 
dier under his command: if upon any complaint made to him of 
officers or soldiers beating, or otherwise ill treating any person, or 
of committing any kind of a riot to the disquieting of the inhabi- 



100 PROCEEDINGS OF THE CONVENTION [1775. 

tants, the said commander who shall refuse or omit to see justice 
done on the offender or offenders, and reparation made to the par- 
ty or parties injured, as far aa the offender's wages will enable him 
or them, shall upon due proof thereof, be punished in such manner 
as if he himself had committed the crimes or disorders complain- 
ed of. 

14. If any officer or soldier should think himself wronged by his 
captain or commanding officer, and shall upon application to him 
be refused redress, he may complain to the colonel or commanding 
officer of the said battalion, to obtain justice, who is hereby requir- 
ed to examine into the said complaint, and see that justice be done. 

15. Whatsoever non-commissioned officer or soldier shall sell, 
or designedly, or through neglect waste the ammunition, arms, or 
other military stores or provisions delivered out to him to be used 
or employed in the service, shall, if an officer, be reduced to a pri- 
vate centinal, and if a private soldier, shall suffer such punish- 
ment as shall be adjudged. 

16. Any non-commissioned officer or soldier who shall be found 
one mile from his station or the camp, without leave in writing from 
his commanding officer, shall suffer such punishment as shall be 
adjudged. 

17. No officer or soldier shall be out of his quarters or camp 
without leave from the commanding officer, upon penalty of being 
punished according to the nature of his offence. 

18. Every non-commissioned officer and soldier shall repair 
to his quarters or tent at the beating of the retreat, in default of 
which he shall be punished according to the nature of his offence. 

19. No officer, non-conjmissioned officer or soldier, shall fail 
of repairing at the time fixed, to the place of parade or exercise or 
other rendezvous appointed by the commanding officer, if not pre- 
vented by sickness or some other necessity, or shall go from the 
said place of rendezvous or from his guard, without leave from his 
commanding officer, before he shall be regularly dismissed or reliev- 
ed, on penalty of being punished according to the nature of his of- 
fence. 

20. Whatsoever commissioned officer shall be found drunk on 
his guard, party, or other duty under arms, shall be cashiered for it ; 
any non-commissioned officer or soldier so offending, shall suffer 
such punishment as shall be adjudged. 

21. Whatsoever sentinel shall be found sleeping upon his post, 
or shall leave before he shall be regularly relieved, shall suffer such 
punishment as shall be adjudged. 

22. A.ny person belonging to the provincial forces, who by dis- 



^ 



1776.] OF THE PROVINCE OF MARYLAND. lOl 

charging of fire arms, beating of drums, or by any oilier means 

whatsoever, shall occasion false alarms in camp or quarters, shall 

suffer such punishment as shall be adjudged. 
P 23. Any officer or soldier who shall without urgent necessity, or 

without leave of his superior oflicer, quit his platoon or division, 
r shall be punished according to the nature of his offence, 
k 24. No officer or soldier shall do violence, or offer any insult or 

^ abuse to any person who shall bring provisions or other necessaries 
» to any camp or quarters ; any officer or soldier so offending, shall 
1^ suffer such such punishment as shall be adjudged. 

25. Whatsoever officer or soldier shall shamefully abandon his 
B post in the time of an engagement, shall suffer death immediately. 

26. Whatsoever officer or soldier shall shamefully abandon any 
^ post committed to his charge, or shall induce any other persons so 
^ to do, shall suffer death, or such other punishment as shall be ad- 
^ judged. 

•^ 27. Any person ofor belonging to the said forces, who shall make 
'^ known the watchword to any person who is not entitled to re- 
ceive it, according to the rules and discipline of war, or shall pre- 
sume to give a parole or watch word different from what he received, 
shall suffer death, or such other punishment as shall be adjudged. 

28. Whosoever of or belonging to the said forces, shall relieve 
the enemy with money, victuals, or ammunition, or shall knowingly 
harbour or protect the enemy, shall suffer such punishment as shall 
be adjudged. 

29. Whosoever of, or belonging to the said forces, shall be con- 
victed of holding a tieacherous correspondence with, or of giving 
intelligence to the enemy, either directly or indirectly, shall suffer 
death, or such other punishment as shall be adjudged. 

30. If any officer or soldier shall leave his post or colours, at the 
time of an engagement, to go in search of plunder, he shall suffer 
such punishment as may be adjudged. 

31. If any commander of any post, intrenchment, or fortress, 
shall be compelled by the officers or soldiers under his command to 
surrender it to the enemy, or abandon it, the offenders shall suffer 
death, or such other punishment as may be adjudged. 

32. If any person shall use menacing words, signs, or gestures, 
in the presence of any court martial, when sitting, or shall cause any 
disorder or riot so as to disturb their proceedings, he shall be pun- 
ished at the discretion of such court martial. 

33. To the end that offenders may be brought to justice, whenever 
any officer or soldier shall commit a crime deserving punishment, 
he shall, by his commanding^officer, if an officer, be put in arrest; 
if a non-commissioned officer or soldier, be imprisoned till he shall 



102 PROCEEDINGS OF THE CONVENTION [1776. 

be either tried by a court martial, or shall be lawfully discharged by 
proper authority. 

34. No officer or soldier, who shall be put in arrest or imprison- 
ment, shall continue in his confinement more than eight days, or fj 
till such time as a court martial can be conveniently assembled. 

35. No officer commanding a guard, or provost martial, shall re- * 
fuse to receive or keep any prisoner delivered into his charge by an ^ 
officer belonging to the said forces ; the officer, at the same time, ^ 
delivering an accusation signed by himself, of the crime with which • 
the said prisoner is charged. ^ 

36. No officer commanding a guard, or provost martial, shall pre- 
sume to release any prisoner committed to his charge, without pro- ^ 
per authority for so doing ; nor shall he suffer any prisoner to escape, 

on the penalty of being punished for it as may be adjudged. ^ 

37. Every officer or provost martial, to whose charge any pris- ^ 
oner shall be committed, is hereby required, within twenty-four ^^ 
hours after such commitment, or as soon as he shall be relieved fm 
from his guard, to give in writing to the colonel or commanding offi- "J^ 
cer of the prisoner, his name and crime, and the name of the officer • 
who committed him, on the penalty of being punished for his ne- 
glect as may adjudged. 

38. Whatever commissioned officer shall leave his confinement 
before he is set at liberty by the officer who confined him, or by a 
superior power, shall be cashiered for it. 

39. Whatsoever commissioned officer shall behave in a scanda- 
lous, infamous manner, such as is unbecoming the character of an 
officer and gentleman, shall be discharged from the service. 

40. The officer commanding the said battalion, and every officer 
commanding a company not of the said battalion, shall, upon notice 
given to him by the commissary^of musters, assemble the battalion or 
company, under his command, in the next convenient place for 
theirbeing mustered, which shall be done of the said battalion once 
in six weeks at least, and of the said other forces one in ten 
weeks at least. 

41. Every field officer or other officer, commanding any corps, 
and actually residing with it, may give furloughs to officers and 
soldiers of his corps, as he shall judge to be most consistent with 
the good of the service ; but no officer or soldier shall be absent 
above twenty days in six months; nor shall more than one officer 
and two private men be absent at the same time from any one 
company, excepting some extraordinary occasion shall require it. 

42. At every muster, the commanding officer of the said battal- 
ion then present, or the captain or commanding officer of the said 



1776.] OF THE PROVINCE OF MARYLAND. 10-3 

companies not of the battalion then present, shall give to the 
commissary of musters certificates of the musters signed by him- 
self, signifying how long such officers, non-commissioned officers, 
and soldiers, who shall not appear at the said muster, have been 
absent, and the reason of their absence, which reason and the 
time of absence shall be insertedin the musterrolls, opposite to the 
respective names of such absentees; and the said certificate, to- 
gether with the muster roll, shall be, by the said commissary, trans- 
mitted to the council of safely within twenty days next after such 
muster being taken, on failure whereof the commissary so offend- 
ing shall be discharged from the service. 

43. Every officer, who shall sign a false certificate relating to 
the absence of officers, or non-commissioned officers, or private 
soldiers, shall be cashiered. 

44. Every officer who shall knowingly make a false muster of 
any man, and any officer or commissary, who shall sign, allow or 
return the muster rolls wherein such false muster is contained, 
knowing the the falsity thereof, shall be cashiered, and forfeit all 
such pay as may be due to him at the time of his conviction of 
such offence. 

45. Any commissary, who shall take any gift or gratuity on the 
fklse mustering of the said battalion or any company, or for signing 
any muster roll, shall be displaced, and forfeit his pay, as in the 
preceding article. 

46. Any officer, who shall presume to muster any person as a 
soldier, who at other times is accustomed to wear a livery, or who 
does not actually do his duty as a soldier, shall be deemed guilty 
of having made a false muster, and suffer accordingly. 

47. The commanding officer of every corps, or of any garrison 
in the service aforesaid, or at any station of any of the said forces, 
shall in the beginning of every month, transmit to the council of 
safety an exact return of the state of the troops under his com- 
mand, specifying the names of the officers not then residing at their 
posts, and the reason for and time of their absence. And whoever 
shall, through neglect or design, omit sending such returns, shall 

be punished as may be adjudged. . 

48. No person shall be allowed tosuttle at any camp or station, ■^ <^ '^ 
or to any party or detachment of the said forces, before he shall .- S^J^^^ 
have obtained a license from the commanding officer thereof, and 

shall also have subscribed these rules. 

49. No suttler shall be permitted to sell any kind of liquor, or 
victual, 01 keep his house or shop open, for the entertainment of 
soldiers, afternine o'clock at night, or before beating the reveilles, 



104 PROCEEDINGS OF THE CONVENTION [1776. 

or upon Sundays between the hours of ten and one o'clock on 
penalty of being dismissed from all future suttling. 

50. No officer commanding in any camp, garrison, fort or other 
station, shall lay any duty or imposition upon, or be interested in, 
the sale of any victuals, liquors, or other necessaries of life, or 
merchandize which are brought or offered for sale for the use of 
the soldiers, nor shall receive or have any gratuity or reward for 
any license to any suttler, on penalty of being discharged from 
the service. 

51. Any commissioned officer who shall be guilty of any fraud 
or embezzlement, shall forfeit all his pay due at the time of his 
conviction, make restitution, and be discharged from the service. 

52. Any non-commissioned officer or soldier, who shall embez- 
zle or destroy ammunition, provision, tools, or any other thing be- 
ionging to the public stores, shall be punished as may be adjudged. 

53. Any officer or soldier, who shall wilfully, or through negli- 
gence disobey any general or special orders, shall be punished as 
may be adjudged. 

54. That no general court-martial shall consist of a less number 
than thirteen, none of whom shall be of a less degree than a com- 
missioned officer, and the president shall be a field officer; which 
general court-martial shall be appointed, when and as often as oc- 
casion shall require, by the council of safety, or the colonel or com- 
manding officer of the said battalion ; and the president shall ad- 
minister an oath to the other members of the same court, and the 
member next in rank to the president shall administer an oath to 
him, before the said court shall proceed to determine or hear any 
case, in the words following, to wit: "You, A. B. do swear, that 
you will well and truly try, and impartially determine the cause of 
the prisoner now to be tried, according to the rules for regulating 
and governing the forces in the service of this province. So help 
you God." Provided, That when any person is to be tried for his 
life, the council of safety shall appoint twenty-four members at least, 
two of which to be field officers, and ten at least to be captains, out 
of a list of whom the offender may stiike all above the number of 
fifteen, leaving at least one field officer and five captains ; and sen- 
tence of death shall not be pronounced, unless twelve of the court 
martial concur in such sentence. 

55. That no inferior court-martial shall consist of a less number 
than five commissioned officers, unless in such cases where that 
that number cannot be conveniently assembled, when three shall 
be sufficient; but no person on or against whom the oflfence is al- 
leged to have been committed, shall be a member of any court> 



1776.] OF THE PROVINCE OF MARYLAND. 106 

martial for the trial thereof; and in such cases where three, (or that 
reason, cannot be had of the same corps, garrison, party, or station, 
of the offender, theri with those who are competent of that corps, 
garrison, party or station, and the next most convenient thereto; 
such inferior court martial shall be constituted of five members at 
least. 

56. That all inferior court-martials shall be appointed by the co- 
lonel or commanding officer of the battalion, corps, garrison, party, 
or station to which the offender belongs, and the members thereof 
shall take the same oath, to be administered in like manner as the 
members of a general court-martial. 

57. That every court-martial administer an oath to eveiy wit- 
ness produced before them in the following words, to wit: ''You, 
do swear, that the evidence you shall give in the case in hearing, 
shall be the truth, the whole truth, and nothing but the truth. So 
help you GOD." 

58. That the members of every court-martial shall take the same 
rank as they hold in the army, and shall behave themselves with 
calmness, decency, and moderation, and in giving in their votes 
shall begin with the lowest in commission, and the sentence of the 
court shall be given according to the majority of votes, except in 
capital cases as before mentioned. 

59. That in all trials of field officers, two-thirds of the number 
that constitute the court-martial, shall be of the degree of a captain 
at least. 

60. That no person shall suffer death under any article, unless 
the pain of death is expressly annexed by such article to his crime, 
nor shall any person be punished for any crime or offence, except 
for shamefully abandoning his post in an engagement, until he shall 
be convicted thereof by a general or inferior court-martial. 

61. That no inferior court-martial shall be competent to pass 
sentence for any greater punishment on a commissioned officer 
than a pecuniary fine not exceeding twelve dollars, or reprimand, 
or concession, or to ask pardon; or on a non-commissioned officer 
or soldier for a greater punishment than a pecuniary fine not ex- 
ceeding half a month's pay, or for five days close imprisonment, or 
for whipping on the bare back not exceeding fifteen lashes. 

62. That in all cases where the sentence is discretionary, no gen- 
eral court-martial shall adjudge the offender, if a commissioned of- 
ficer, to suffer any greater punishment than a fine or forfeiture of 
his pay to the amount of ten pounds, to make proper concessions, 
or to ask pardon, to be reprimanded or cashiered, or discharged 
from the service ; or if the offender be a non-commissioned officer 

14 



106 PROCEEDINGS OF THE CONVENTION [1776. 

or private, a forfeiture of his pay for one month, or a fine to the 
value thereof, close imprisonment not exceeding ten days, or whip- 
ping with thirty-nine lashes on the bare back, and drumming out 
of the company. 

63. No sentence of death shall be executed on any offender be- 
fore the proceedings shall be certified to and approved by the coun- 
cil of safety, who may in their discretion pardon the oflTender ; nor 
shall any sentence of a general or inferior court-martial for whip- 
ping, be executed before the same shall be made known to and ap- 
proved by the commanding officer of the battalion, corps, garrison, 
or station to which the offender belongs, and such commanding 
officer may in his discretion remit such punishment. 

64. All fines shall be paid into the hands of such persons as 
shall be directed by the court-martial that set the same, and shall 
be applied to the relief of the sick of the company to which the 
offender belongs. 

65. That these rules shall be openly and distinctly read at the 
head of every corps, garrison, company, or part of a company, 
stationed at any one place, once at least in every month, under the 
penalty of twenty pounds on the officer commanding such corps, 
garrison, company, or part of a company. 

Convention adjourns till to-morrow morning half after 9 o'clock. 

MONDAY, January 15, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. 

Ordered, That Mr. Richard Ridgely qualify himself as clerk as- 
sistant to the convention, by taking the oath of office and secrecy 
as directed to be taken by the clerk. 

A certificate of said Ridgely's qualification was produced and 
filed. 

Resolved, That this convention is willing and desirous to con- 
tribute all the assistance in their power to the relief of their sister 
colonies; and as this convention is informed that the counties 
of Accomack and Northampton are in need of assistance. 

Resolved, That the minute company in Dorchester county com- 
manded by captain Joseph Robson, and the minute company in 
Queen Anne's county commanded by captain James Kent, and the 
minute company in Kent county commanded by captain WilliaiTi 
Henry, immediately march to Accomack and Northampton coun- 
ties in Virginia, to the assistance of the inhabitants there ; and 
that if any of the men belonging to either of the said companies 



1776.] OF THE PROVINCE OF MARYLAND. 107 

cannot go on this occasion, then the full number to be made up by 
8uch volunteers as may offer for this particular service. 

That each private be allowed for his subsistence on his march, 
one sixth part of a dollar per day, and the officers in proportion. 

That Yelverton Payton Probart be appointed commissary to pro- 
vide subsistence for the said companies whilst on their station, and 
that seven hundred pounds common money be paid into his hands 
by the treasurer of the eastern shore to be applied for that purpose, 
he giving bond, payable to the president, in the penalty of twelve 
hundred pounds current money, conditioned for the faithful expen- 
diture of the same, and rendering an account and payment of the 
balance, if any, thereof. 

That the committee of observation for Kent county, furnish such 
of the public arms in their possession as may be necessary to arm 
such men of the said minute companies as have not good arms of 
their own, and if there shall not be sufficient of the public arms in 
the possession of the said committee, then it is earnestly recom- 
mended to the committees of observation for the said counties of 
Dorchester, Queen Anne's, and Kent, and of the adjacent coun- 
ties, to borrow such arms from the inhabitants of the said counties 
as may be necessary to arm the said companies ; which arms so 
borrowed, shall be valued, and a receipt passed therefor, to the 
end that the owners may be paid for the same by this province, in 
case the said arms be not returned in good order; and it is recom- 
mended to the said inhabitants, to lend such spate arms, as they 
have, and may be necessary for the service aforesaid. 

That the said companies be relieved at the end of eight weeks 
at furthest from their arrival at their station, and be entitled to the 
same pay and rations as troops in the continental army. 

That one hundred pounds be advanced to the captain of each of 
the said companies, out of the treasury on the eastern shore, to be 
applied to defray the necessary expenses of the march of their com- 
panies, and that exact accounts be rendered of the expenditure of 
all monies by the captains and commissary. 

That the said commissary for his trouble be entitled to the pay 
of forty dollars per calendar month. 

On motion. Resolved, That the captains of the independent corn* 
panics, or other officers commanding such independent companies 
or any part thereof, respectively do, as occasions may require, apply 
to some adjacent surgeon or physician, to attend any sick or wound- 
ed soldier under his command ; and that such surgeon's or physi- 
cian's reasonable account for such attendance and for medicines 
found and administered by him, be allowed and paid by the public. 



108 PROCEEDINGS OF THE CONVENTION [1776. 

That the necessary fuel be found for the said forces in the service 
of this province at the expense thereof, as may be ordered by the 
council of safety. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. Tyler and Mr. Sim appeared in the 
house. 

On motion, Resolved, That the powers and authorities of the 
deputies of this province in congress, have continuance until the 
end of the next session of convention, and no longer, unless other- 
wise resolved in this or the said next session of convention, any 
thing in the resolves of this oi the last convention, or any of them, 
to the contrary notwithstanding. 

Resolved, That the officers of the militia rank in the following man- 
ner, to wit: brigadiers-general, colonels, lieutenant-colonels, first 
majors, second majors, captains, first lieutenants, second lieuten- 
ents, ensigns; the brigadiers-general as to each other, first, second, 
third fourth, and fifth, according to their numbers ; the other officers 
as to others holding like commissions, according to the number 
of the battalion to which they belong; and if they should not be- 
long to any battalion, then next after the officers holding in battal- 
ions the like commissions as themselves, and, as to each other, 
according to the number of the fiist battalion in their respective 
county. But after the places in the militia now enrolled shall have 
been once filled up, and the officers shall have accepted iheir com- 
missions, on the filling up any places that may again become 
vacant, such officers, as shall be thereafter appointed to such 
places, shall hold rank, amongst others of the same degree as 
themselves, according to the dates of their respective commissions 
only; and all battalions to be hereafter formed shall be numbered 
by the successive numbers following the last number of those al- 
ready formed or allowed by this convention, according to the time 
of issuing the commission to the respective colonel. 

That the officers of the militia hold no rank with those of the 
regular forces, unle.'^s at and during such times as they act together, 
and that when they do act together they rank in the following order : 
Field officers of the regular troops, brigadiers-general and first 
colonels of the militia; captains of the regular troops, lieutenant- 
colonels and majors of militia; lieutenants of the regular troops, 
captains and lieutenants of militia; ensigns of regular troops, 
ensigns of militia. The officers of minute men to rank next above 
the officers holding the like commissions in the militia. 



1776.] OF THE PROVINCE OF MARYLAND. 109 

That any part of the militia in actual service, tluring the time of 
their actual service only, shall be subject to the rules made this 
convention, for regulating and governing the forces to be raised 
and employed in the service of this province, and shall be entitled 
to the same pay and rations as the regular forces, and no more ; 
but general and inferior court martials shall be composed of militia 
officers only, and the punishment of whipping shall not be adjudg- 
ed against or inflicted on any man serving in the militia. 

Mr. Joseph Dashiell has leave of absence. 

Convention adjourns till to-morrow morning half after 9 o'clock. 

TUESDAY, January 16, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were lead. 

A petition from a number of the inhabitans of the city of An- 
napolis was read and ordered to lie on the table. 

On motion, Resolved, That where any person or persons chosen 
or to be chosen of the committee of observation for any county or 
district, shall refuse to act, if the number so refusing to act in one 
county or district, shall not at one and the same time exceed one 
fourth part of the whole number of the said committee, any part 
of the residue, of the same committee, not less than two third 
parts of the same residue, met together after notice, may elect one 
other of the most discreet freemen of the said county or district, 
to be of the committee in the stead of each person so refusing to 
act; and the place of any person dying may be filled up in like 
manner, and the same rule shall also be observed, where any mem- 
ber of a committee of observation shall, in writing under his hand, 
decline to act or shall be disqualified by the acceptance of a com- 
mission in the regular forces: but in case the vacancies shall at 
one and the same time exceed the said one fourth part, then a ma- 
jority of those who remain of the same committee, met together, 
may appoint and give ten days notice at least, by advertisements 
set up in the most public places of the county or district, as the 
case may be, of the election of committee-men, in the stead of 
those whose places shall be so vacant, and the election shall be 
made accordingly, by those who are qualified to vote for committee- 
men, in the presence of three at least of the same committee. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 
Convention met. 

On motion, Resolved, That two hundred and forty copies of the 
association ordered by the last convention to be tendered to and 



no PROCEEDINGS OF THE CONVENTION [1776. 

subscribed by the freemen of this province, be forthwith printed, 
^nd that forty of tlie said copies be sent to the committee of observa- 
tion for Bahimore county, forty of the said copies to the committee of 
observation for the upper district of Frederick county, and the re- 
sidue of them in equal proportions to the committees of the several 
counties ; and the committees aforesaid of Baltimore county and 
the upper district of Frederick county, shall cause the said asso- 
ciation to be tendered, on or before the first day of April next to 
every freeman in the hundreds of their county and district respec- 
tively, where the said association hath not been already generally 
tendered to the said freeman, to be subscribed by them, according to 
the resolutions of the late convention; and every person who shall 
not sign the said association at the time of tendering the same to 
him, or within ten days thereafter, shall be in the same condition as 
if the same had been tendered to him according to the said for- 
mer resolutions, and he had refused or neglected to have subscribed 
the same; and the committee of observation for each county shall 
leave one or more of the association papers in the custody of 
some person or persons to be by them respectively appointed, at 
some house in their county town, and also at Georgetown and 
Hagerstown in Frederick county, and shall give public notice there- 
of by advertisements, so that such of the freemen of this province, 
who have not done so already, may subscribe the same. 

That every freeman within this province who hath not already, 
nor before the eleventh day of April next shall have subscribed the 
association aforesaid, shall within five days after the said last men- 
tioned day, deliver up to the committee of observation for this coun- 
ty, all fire-arms, if he hath any, except pistols, and every person 
who shall neglect to do the same, may be disarmed by order of the 
committee of observation for his county, in like manner as those 
who ought to enroll in the militia and refuse to do so, and the arms 
of the non-associaters shall and may be disposed of in the same 
manner aF the arms of those who refuse to enroll in the militia; 
and moreover the committee of observation of each county in this 
province, may in their discretion award and order any freeman of 
this province, not associating as aforesaid, found within their coun- 
ty, whether such freeman be a resident of their county or not, to 
enter into bond with good and sufficient security, in such penalty 
as they may think fit, payable to the president of the convention 
for the time being, by name, conditioned, that if such non-asso- 
ciator shall behave himself peaceable and quietly in the present 
unhappy contest between Great Britain and the colonies ; that he 
•hall not directly or indirectly betray or give intelligence to the 



1776.] OF THE PROVINCE OF MARYLAND. 1 1 1 

enemy of any councils or preparations of the congress, or any 
convention or assembly, or council or committee of safety of thia 
or any other province or colony; and that he shall not directly or in- 
directly correspond, by letter, message, or otherwise, during the said 
contest, with any British minister, secretary of the state, member 
of parliament, or any person out of this province, holding an office, 
civil or military, immediately under the crown, oj with any other per- 
son in arms against these colonios, knowing such person to be in 
arms, then the above obligation to be void. But if any such non-asso- 
ciator shall choose to quit this province and go beyond sea, then the 
committee of observation of the county to which he belongs, may 
and is hereby empowered to grant him a passport to leave this coun- 
try in peace, and go beyond the sea, carrying with him his property, 
or any part thereof; and any person refusing to sign the said associa- 
tion, and to give bond as aforesaid, and continuing to reside within 
this province, may be imprisoned by the committee of observation 
of the county in which such non-associator resides or may be 
found, until the convention then next after such imprisonment shall 
have taken order therein. And in case any non-associators shall 
quit this county and leave an estate in this province, such estate 
shall be burthened with a proportionate part of the expense incurred 
by this province in defence of American liberty; but these resolu- 
tions are not to extend to the household of his exellency the gov- 
ernor. All which association papers that shall be subscribed as 
aforesaid, as well as a list of the names of all those who shall re- 
fuse or neglect to subscribe the same, and all original bonds taken 
as aforesaid, shall be returned lo the next convention. Provided, 
that where any person hath not nor shall actually refuse to sub- 
scribe the association, but shall only have neglected to subscribe 
the same, if he doth afterwards sign the same before the committee 
of observation of his county, he shall not be disarmed for his ne- 
glect, nor compellable to give any such bond as before mentioned. 

On motion. Resolved, That where there are any companies of 
militia in the several counties, which are left out of their battalions 
already formed, or where there may be any surplus companies in the 
several counties, after forming the militia into battalions, as direct- 
ed by the last convention, the brigadier-general of the district may, 
at his discretion, form the said companies into corps, and return the 
same to the council of safety, who may appoint and commission 
such field-officers as may by them be judged proper and necessary 
to command such corps. 

The following report was taken into consideration : 



112 PROCEEDINGS OF THE CONVENTION [1776. 

The committee appointed to consider the truth of the facte set 
forth in a memorial from the justices of Baltiinore couuny court, and 
report their opinion thereon, 

Do report, That the uneasiness in the minds of many of the in- 
habitants of Baltimore county arises from the uncommon increase 
of taxes therein, extraordinary assessments being made for the erect- 
ing public buildings and bridges, clearing, straightening, opening, 
grubbing, and stoning roads, and paying their proportion towards 
building a prison, court house, &c. in Harford county. 

That sundry inhabitants of Baltimore county were and are averse 
to clearirrg, opening, and staighteiiing said roads, and intended to 
petition the legislative body of this province for a repeal of the law 
authorising the same, or an alteration thereof in such parts as they 
apprehended aggreived them ; but being prevented by the unhappy 
disputes subsisting between the colonies and Great Britain from 
making applicatif)n for redress of such apprehended grievances to 
the assembly of this province, they have been led into an unlaw- 
ful and unwarrantable opposition to the collection of the public 
taxes, which the necessary embargo laid on our ports has tendered 
greatly to increase. 

That a great number of the said inhabitants have paid the said tax- 
es, and they being imposed by virtue of sundry acts of the assembly, 
your committee are of opinion, the residue of the said inhabitants 
are in duty bound to pay those already assessed, as they clearly had 
it in their power to discharge them, the ports being open and a price 
offered for all manner of country produce till the iOth of Septem- 
ber last. 

That the remainder of the said money, directed by the said acts 
of assembly to be levied, ought, by the justices of the said county, 
pursuant to the said acts, to be assessed ; but if trade and commerce 
should not be restored in such manner as to enable the people of 
the said county to discharge the said taxes, that the legislative au- 
thority for the time being ought, in such circumstances, to suspend 
the payment of the same (except such part thereof as shall be as- 
sessed for the paying for the building of the poor house and inspec- 
tion house in said county) or take order therein in such other way 
as to them shall seem most expedient. 

That it is the opinion of this committee, that the money appropri- 
ated for loan, to the inhabitants of Baltimore county, for clearing and 
opening roads, by act of assembly, and delivered out by the commis- 
sioners for emitting bills of credit to the supervisors of said roads, 
or so much thereof as hath been expended, and all sums levied or 
hereafter to be levied on the inhabitants of said county, for the pur- 



me.] OF THE PROVINCE OF MARYLAND. 113 

pose of repaying the same, shall be paid into the hands of the said 
commissioners, to be by them let out upon interest (except so much 
thereof as hath been expended, in the same manner as by the said 
act they are directed to let out on interest the bills of credit of this 
province ; and that the said sum of money so collected, or to be 
hereafter collected, of the said inhabitants (except so much thereof 
as hath been expended) with interest thereon accruing, ought to be 
appropiated to such use of the said county as shall be ordered and 
directed by the legislative authority for the time being. 

That the supervisors of the said roads in said county shall re- 
spectively render to the said commissioners, by them to be laid be- 
fore the legislative authority for the time being, a true, full and fair 
account, on oath, of all monies by them respectively laid out and 
expended by virtue of the said act of assembly, and to whom and 
for what the same shall have been paid and expended. 

That the sum of money collected or to be collected in said county 
for the building of a prison and court house in Harford county, &c. 
ought to be paid into the hands of the commissioners of Harford 
county aforesaid, and be by them put out on interest for the use of 
the same county, until the dispute in the same county relative to the 
place where said prison and court house, 6lc. shall be erected and 
built, be hereafter determined by the legislative authority for the 
time being. 

All which is submitted to the consideration of the honorable 
house. 

After consideration of the same, the question was put. That the 
house concur therewith ? Resolved, in the affirmative. 

Convention adjourns till to-morrow morning half after 9 o'clock. 

WEDNESDAY, January, 17, 1776. 

Convention met. All members present as on yesterday, except 
Mr. J. Dashiell, and Mr. Ware. The proceedings of yesterday 
were read. 

On motion. Resolved, That the residue of the sum of money di- 
rected by act of assembly to be assessed and levied on the inhabi- 
tants of Harford county, for building the court house, prison, &,c., 
be pursuant to said act, assessed and levied by the justices of said 
county on the inhabitants thereof ; but if trade and commerce shall 
not be restored, so as to enable the people of said county to dis- 
charge the said tax, the legislative authority for the time being will 
suspend the payment of the same, or otherwise order therein, as to 
them shall seem expedient. 

That the money already collected, or hereafter to be collected for 
the same, shall be paid into the hands of the commissioners of Har- 
ford county aforesaid, and be by them put out on interest for the 
15 



114 PROCEEDINGS OF THE CONVENTION [1776. 

use of said county, the dispute therein relative, to the place where 
said court house and prison shall be erected, be hereafter determin- 
ed by the legislative authority for the time being. 

Ordered, That Edward Davis be discharged from further custody. 

On motion, Resolved, That captain Thomas Johnson, junior's, 
and captain William Hyde's, company of militia, in the city of 
Annapolis, be independent companies, but subject to the same rules 
and regulations as the other militia of this province, where such 
rules and regulations will apply to their circumstances as well when 
the said companies are in actual service, as otherwise ; and that cap- 
tains Richard Harwood, junior's, Wm. Brogden's, Edward Tiilard's, 
John Weems', John Steward's, John Deale's, and Richard Chew's, 
companies of militia, in Anne Aiundel county, compose a bat- 
talion, any thing in the resolves of the last convention, or the pro- 
ceedings of the committee of observation for Anne Arundel county 
to the contrary notwithstanding. 

On motion, Resolved, That there be a district, in Fredrick coun- 
ty, bounded on the east by Licking creek, to include all that part 
of the said county, which lies to the west of the said creek. 

That the freemen, and others, entitled to vote for delegates in 
convention, by the resolves of the last convention, meet a Skipton, 
in the said district, on a day to be appointed, and choose by ballot 
one discreet and sensible freeman of the said district, to join the 
other delegates from Frederick county and vote in conventions 
hereafter to be held for this province. 

That the said election be held under the inspection of such per- 
sons as may be chosen and appointed by the freemen of that dis- 
trict for the purpose, and be conducted in the same manner and un- 
der the same rules as laid down by the last convention for choosincr 
delegates. 

That the freemen of the said district choose fifteen discreet and 
sensible men of the same district to be a committee for the said dis- 
trict, any seven of them to act ; and that the election be made agree- 
able to the resolves of the last convention. 

On reading a second time the petition from the inhabitants of the 
city of Annapolis, Resolved, That the same be referred for consid- 
eration till the next session of convention. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

Resolved, That this convention do highly disapprove of the neg- 
ligence of many of the people of this province, in not paying off 
their levies, which ought to have been paid and discharged the last 
summer ; and much more so, of the combinations in some few parts 



1776.] OF THE PROVINCE OF MARYLAND. 115 

of this province against the payment of levies, such conduct 
evidently leading to tlirow this province into disorder, confusion 
and anarchy desired by the inveterate enemies and dreaded by th€ 
real friends to American liberty. 

Resolved therefore, that this convention will, if necessary, aid 
the ofncers with their utmost power, in the collection of the levies 
which ought to have been paid in the summer past ; yet those offi- 
cers are requested not to distrain the effects of those whose ex- 
treme poverty disables them from paying. 

Resolved., That the justices of the several county courts ought to 
assess the inhabitants of their counties, agreable to the acts of as- 
sembly of this province ; but as the people may not be able, if the 
unhappy difterences with Great Britain should continue, to pay the 
whole of the assessments for building court houses, churches, and 
for the like extraordinary charges, and a convention will probably 
again meet before the time of payment, the legislative authority for 
the time being will make further order, as to the payment of such 
assessments as the circumstances of the people may require, and 
the application of the money assessed will admit ; it being the fix- 
ed intention of this convention to support order in the community, 
and ease the good people of this province as far as possible. 

On reading the following application of John Archer and James 
Harris of Harford county : 
"Gentlemen, December 6, 1775. 

" We are fully convinced of the public utility of factories, and 
would therefore make an overture to you to undertake a flax or 
hemp manufactory. To carry on the above branch of business to 
any effect, we should stand in need of £300, which we would en- 
gage to remit in linen of such sizes as you would recommend, at 
the following times ; one third of the above sum the first of June 
next, one third more on the first of September, and the remaining 
third the first of December, 1776; the cost we will cherfully trans- 
mit therewith, and leave the price to the honorable convention. 

JOHN ARCHER, 
JAMES HARRIS. 
To the delegates of Harford county now sitting in convention." 

Resolved, That the sum of three hundred pounds, out of the trea- 
sury of this province, be advanced to the said John Archer and 
Jas. Harris, agreeable to their application aforesaid, on their giving 
bond with good security, payable to the honorable Matthew Tilgh- 
man, Esq. Thomas Johnson, jun. and Charles Carroll, barrister. 
Esquires, conditioned for the performance of the terms in the said 
application mentioned. 



136 PROCEEDINGS OF THE CONVENTION [1776. 

Resolved, That a new election of two representatives for Charles 
county, in the room of William Smallwood and Francis Ware, Es- 
quires, a new election of one representative for Saint Mary's coun- 
ty, in the room of John Allen Thomas, Esq, ; and one in Cecil 
county, in the room of Nathaniel Ramsey, Esq. whose seats will 
become vacant on their acceptance of commissions in the regular 
forces of this province, be had as soon as conveniently may be, in 
the presence of two or more of the delegates of those counties, re- 
spectively ; the elections to be by ballot : and in like manner as the 
election of delegates is directed by resolutions of the last conven- 
tion, ten days notice at least, excluding the day of notice and day 
of election, of the times of each of the said elections respectively, 
beincr given by advertisements set up in the most public places in 
the said counties. 

On motion. Resolved, That in all cases where judgments have 
been, or shall be obtained, (except in ejectment, trespass, trover, 
replevin, detinue, real actions, actions for words, for money and to- 
bacco actually had and received by one person for the use of ano- 
ther, attachment under the late act of assembly, and against non- 
residents, and actions upon loan-office bonds) the creditor shall, at 
his election, have a right to demand of the debtor, a bond with se- 
curity for the debt and costs of the said judgments, or to take by 
fieri facias any tobacco, wheat, or corn, (but no other effects) of 
the debtor, leaving to such debtor sufficient to support his family; 
but that no capias ad satisfaciendum be issued in any case (except 
in the cases above excepted) where the debtor will give bond and 
security, when required as albresaid, or where the effects aforesaid 
are tendered to the creditor, at such price as may be settled by 
the committee of observation for the county in which such debtor 
resides. 

On motion. Resolved, That all rents, other than rents for houses, 
may be hereafter paid and shall be received in tobacco, and other 
country produce, at a reasonable value, to be set by the committees 
of observation ; and that no rents ought to be changed into money, 
from tobacco and other country produce, in which they have been 
heretofore usually paid. 

Resolved, That seven persons, four of whom residing upon the 
western and three upon the eastern shore, be chosen by ballot to 
constitute a council of safety for the province of Maryland, to su- 
perintend and execute the resolutions of this convention, and to 
promote the prudent and necessary preparations for the defence and 
protection of the said province, and to give such necessary assist- 
ance to the neighboring colonies aa may by the said council be 
judged proper. 



1776.] OF THE PROVINCE OF MARYLAND. 117 

That each member of the said council of safety be allowed and 
paid fourteen shillings common money, out of the treasury of this 
province, for every day such member shall sit or be absent from 
home on public business. 

That any four or more of the said council of safety convened, 
or the major part of them, direct and regulate the operations of the 
regular forces, the minute men and militia of this province, and may 
grant all military commissions, appoint and commission all field 
and commission officers, and regulate the rank of all military offi- 
cers not appointed by this convention, and in the recess of conven- 
tion, call forth the regular forces aforesaid and minute men into ac- 
tion in any place or places within this or the neighboring provinces, 
and the militia into action in any place or places within this pro- 
vince, at such time and times, in such proportions and on such 
occasions as the said council may judge necessary, and do all such 
other matters and things for the defence, protection and security of 
this province, and for the aid and assistance of the neighboring 
provinces, as they shall deem necessary and expedient. 

That any officer of the said regular forces, minute men or militia, 
may be suspended from the exercise of his commission by the said 
council of safety, and if the said council of safety shall think pro- 
per, they may displace any officer, and appoint and commission 
another in his stead, and may on the death, resignation or removal 
of any officer in the regular forces, minute men or militia, appoint 
and commission another in his stead, and the said council of safety 
may fill up all vacancies in the regular troops aforesaid, minute 
men and militia, by whatever means occasioned. 

That the said council of safety be authorized and empowered to 
draw out of the bills of credit emitted or ordered to be emitted by 
this convention, (except such part thereof as is appropriated to call 
in and exchange the bills of credit emitted by the last convention) 
any sum or sums which may by them be judged necessary to carry 
the several resolutions of this convention into execution, for pay- 
ing and discharging all contracts made or to be made for and on 
behalf of this province, and for the defence and protection of this 
province, or for paying and defraying the expenses of any part of 
the said regular troops and minute men which may be ordered to 
any of the neighboring provinces. 

That the said council of safety have power and authority to ar- 
rest, and on hearing, confine and imprison till the next convention 
all such persons within this province as shall have been or may be 
guilty of high and dangerous offences, tending to disunite the peo- 
ple of this province in their present opposition, or to destroy the 



118 ' PROCEEDINGS OF THE CONVENTION [1776. 

liberties of America ; and also have power and authority to hear, 
try and imprison till the end of the next convention, or banish all 
such offenders guilty of the offence aforesaid, as may be sent to 
them by the several committees of observation. 

That the said council of safety have full power and authority to 
pardon all offenders upon whom sentence of death shall be pro- 
nounced by a court-martial, under the rules passed by this conven- 
tion for governing the forces raised or to be raised within this pro- 
vince, for the defence thereof. 

That the said council of safety may call a meeting of the con- 
vention of Maryland before the time to which it may be adjourned, 
and that any two members may call a meeting of the said council 
of safety. 

That the said council of safety may draw upon the treasuries of 
the western and eastern shores for all charges and expenses incur- 
red in the execution of their office. 

That the said council of safety sit constf ntly if the service re- 
quires it, and that their ordinary sessions be held at the city of An- 
napolis or Baltimore town, but the place of sitting maybe changed 
at the discretion of the said council to any other part of the pro- 
vince, where the public service may require it. 

That every member of the said council of safety, before he en- 
ters on the execution of his office, take, before some justice of the 
peace, the following oath, to wit: "You A. B. do swear, that any 
matter or thing which shall come to your knowledge as a member 
•of the council of safety which is ordered to be kept secret by a 
majority of the said council of safety, you will not divulge, unless 
to the deputies in congress for this province, with the permission 
of the said council of safety, or to a convention of delegates, or 
member of the said council of safety, or with the permission of the 
said council of safety or convention. So help you GOD." And that 
the clerk of the said council of safety shall take an oath in the said 
form, except instead of the words "as a member of the council of 
safety," inserting, "as clerk to the council of safety." 

That the said council of safety continue till the end of the next 
convention and no longer, unless otherwise ordered by the next 
convention, and that they render an account of their proceedings, 
and always be subject to the control of the convention. 

That the honourable Daniel of St. Thomas Jenifer, Esq., and 
Charles Carroll, barrister, John Hall, and Benjamin Rumsey, esqrs., 
of the western shore, and James Tilghman, Thomas Smyth, and 
Thomas Bedingfield Hands, Esqrs., of the easier^ shore, be the 
said council of safety. 



1776.] OF THE PROVINCE OF MARYLAND. 119 

That if any person or persons elected or appointed to be of the said 
council of safety, shall decline or refuse to act, or shall die before 
the next convention, the other members of the said council of 
safety, (being four at least) may elect and appoint one other in the 
room of each person who shall so decline or refuse to act or die, 
which person or persons so elected and appointed shall take the 
same oath, and have the same powers and authorities, in conjunc- 
tion with the other members, as are given by this convention to the 
said council. 

The journal of accounts was read and assented to. 

Ordered, That the treasurer of the western shore pay the sever- 
al claims allowed in the same. 

Convention adjourns till to-morrow morning half after 9 o'clock. 

THURSDAY, January IS, 1776. 

Convention met. All members present as on yesterday, except 
Mr. W. Ennalls, Mr. G. Dasheill, Mr. Potter, Mr. Dickinson, and 
Mr. Mason. The proceedings of yesterday were read. 

Ordered, That the treasurer of the western shore pay to Mr. Ed- 
ward Parker of Cecil county, or his order, out of the bills of credit 
in his hands, three hundred pounds common money, to enable him 
to carry on his linen and woollen manufactory. 

Whereas, it is necessary for securing the evidences of the pro- 
perty of the good people of this province, that the records of the 
land office, secretary's, and eommissary's offices, and also the re- 
cords of Anne Arundel county court, should be removed from the 
city of Annapolis to some place of greater security. 

Resolved, That the council of safety send the said records, pack- 
ed in chests by the respective clerks, to some fit and secure place, 
first having prepared a proper house for the reception of the same, 
and that the said council commit the said records to the care and 
management of one of the clerks of the said offices respectively. 

Resolved, That each of the said clerks so employed by the coun- 
cil of safety, do respectively take the care and management of the 
records of the office to which he belongs, and deliver copies of the 
said records to the people of this province, when thereunto requir- 
ed, upon being paid for the same. 

Resolved, That any extraordinary expenses of the said clerks in 
taking care of the said records be paid by the convention of this 
province. 

On motion, Resolved, That such young gentlemen as resort to 
the regular troops, in the quality of volunteers or cadets with the 
consent of the colonel of the battalion, for their improvement in the 



120 PROCEEDINGS OF THE CONVENTION [1776. 

art of war, be furnis^hed with one ration per day each at the public 
expense. 

On motion, Resolved, That the committees of observation for 
the several counties may remove the records of their respective 
counties to some place of safety if they think proper. 

The convention took into consideration the king's speech to 
parliament on the 27th day of October last, and after some time 
spent therein, 

Resolved unaniinously, That the following declaration be entered 
on their journals : 

We, the delegates of the freemen of Maryland in convention, af- 
fected with the deepest concern by the opinion declared in the king'a 
speech to parliament on the 27th day of October last, and expressed 
in the address of the lords spiritual and temporal to his majesty in an- 
swer thereto, that the necessary preparations for defence made by 
these colonies, are carried on for the purpose of establishing an 
independent empire, and being desirous to remove from the mind 
of the king, an opinion which we feel to be highly injurious to the 
people of this province, and to declare and manifest to his majes- 
ty, to the parliament, the people of Great Britain, and to the whole 
world, the rectitude and purity of our intentions in the present op- 
position to the measures of the British ministry and parliament, do 
declare. 

That the people of this province, strongly attached to the English 
constitution, and truly sensible of the blessings they have derived 
from it, warmly impressed with sentiments of affection for, and loy- 
alty to, the house of Hanover, connected with the British nation by 
the ties of blood and interest, and being thoroughly convinced, that 
to be free subjects of the king of Great Britain, with all its conse- 
quences, is to be the freest members of any civil society in the 
known world, never did, nor do entertain any views or desires of 
independency. 

That as they consider their union with the mother country upon 
terms that may insure to them a permanent freedom, as their high- 
est felicity, so would they view the fatal necessity of separating 
from her, as a misfortune next to the greatest that can befal them. 

Descended from Britons, entitled to the privileges of English- 
men, and inheriting the spirit of their ancestors, they have seen 
with the most extreme anxiety the attempts of parliament to de- 
prive them of those privileges, by raising a revenue upon them, and 
assuming a power to alter the charters, constitutions, and internal 
polity of the colonies without their consent. The endeavors of 
the British ministry to carry those attempts into execution by military 



1776.] , OF THE PROVINCE OF MARYLAND. 121 

force have been their only motive for taking up arms, and to defend 
themselves against those endeavors is the only use they mean to 
make of them, entitled to freedom, they are determined to main- 
tain it at the hazard of their lives and fortunes. 

Ordered, That James Hollyday, Charles Carroll of Carrollton, 
and Gustavus Scott, Esqrs., revise the journal and proceedings of 
this convention, and direct what parts thereof shall be published. 

Convention adjourns till the second Tuesday in April next, to sit 
at this place, but the council of safety may convene the convention 
at any other time or place, if they shall judge it necessary. 
Signed by order of the convention, 

GABRIEL DUVALL, clerk. 



16 



PROCEEDINGS OF THE CONVENTION 



OF THE 



PROVINCE OF MARYLAND, 



HELD AT 



The City of Annapolis, on Wednesday, the eighth of May, 

1775. 



1776] 



PROCEEDINGS OF THE CONVENTION 



125 



At a convention of Delegates, chosen by the several counties of 
the province of Maryland, at the city of Annapolis, on Wednes- 
day the 8th of May, 1776. 

PRESENT. 



For St. Mary's county. 
Richard Barnes, 
John Reider, 
Athanasius Ford. 
Charles. 
Josias Hawkins, 
Robert T. Hooe, 
William Harrison, 
. Joseph H. Harrison. 

Calvert. 
Edward Gantt, 
Patrick Smith, 
William Allein. 

Prince George's. 
Thomas Contee, 
Robert Tyler. 

Anne Arundel. 
Charles Carroll, barrister, 
Thomas Johnson, jr. 
Frederick. Lower district. 
Henry Griffith. 

Middle. 
Charles Beatty, 
Baker Johnson. 

Upper. 
William Baird. 

Baltimore. 
Benjamin Nicholson, 
Walter Tolley, jr. 

Harford. 
Thomas Bond. 

Cecil. 
John Veazey, jr. 
Joseph Gilpin, 
John D. Thompson, 



Patrick Ewing, 
William Currer. 

Kent. 
Peregrine Letherbury, 
William Sluby, 
Thomas Ringgold. 

Queen Anne's. 
James Hollyday, 
Turbutt Wright, 
Thomas Wright, 
Richard T. Earle, 
James Tilghman, 

Talbot. 
James Lloyd Chamberlaine, 
Nicholas Thomas, 
Pollard Edmondson. 
Dorchester. 
Robert Goldsborough, 
Henry Hooper, 
James Murray, 
John Ennals. 

Caroline. 
Nathaniel Potter, 
William Richardson, 
Henry Dickinson, 
Richard Mason. 

Somerset. 
George Dasheill, 
Gustavus Scott, 
Peter Waters. 

Worcester, 
Peter Chaille, 
Samuel Handy, 
John Done, 



Joseph Dasheill. 

The honorable CHARLES CARROLL, Esq., barrister, was cho- 
sen president. 



126 PROCEEDINGS OF THE CONVENTION [1776. 

Ordered, That Gabriel Duvall be continued* clerk to the conven- 
tion, and that he qualify himself as such by taking oath that he will 
faithfully, diligently, and honestly discharge the office of clerk to 
the convention of Maryland, and that he will not disclose or reveal 
the secrets thereof. 

Ordered, That Mr. Allen Quynn be continued messenger, and 
Mr. Robert Reynolds door keeper to the convention, and that they 
severally qualify themselves as such by taking the oath of office 
and secrecy as above directed to be taken by the clerk. 

Ordered, That the resolve of secrecy entered into at the last ses- 
sion of convention be observed this session. 

Convention adjourns till to-morrow morning, nine o'clock. 

THURSDAY, May 9, 1770. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Col. George Plater, a mem- 
ber for St. Mary's county, appeared and took his seat in the house. 
Mr. Sudler appeared in the house. 

A remonstrance from the committee of observation for the lower 
district of Frederick county, relating to the payment of public 
taxes ; a petition from the lieutenants of the second independent 
company of regular troops, praying to be removed from said com- 
pany; a petition from William Faris of the city of Annapolis; and 
the proceedings of the committee of observation for Tabot county, 
against Alexander Wickham, were severally read and ordered to 
lie on the table. 

Certificates of the qualification of the clerk, messenger and door 
keeper, were produced and filed. 

The proceedings of the council of safety, in consequence of in- 
tercepted letters from lord George Germain to Robert Eden, Esq., 
deputy governor of Maryland, were laid before the convention, 
read, and ordered to lie on the table. 

On reading a second time the representation of the committee 
of Talbot county of the case of Alexander Wickham, Ordered, 
That the said Alexander Wickham be committed to the custody of 
a guard, to be appointed by col. William Smallwood, until the con- 
vention shall take order in the premises, and that the guard from 
the independent company commanded by captain Hindman. be dis- 
charged of the said" Alexander Wickham. 

Adjourned till three o'clock. 



1776.] OF THE PROVINCE OF MARYLAND. 127 

POST MERIDIEM. 

Convention met. Mr. Rumsey, Mr. Hall, Mr. Paca, Mr. Love, 
Mr. Lloyd, and Mr. J. T. Chase, appeared in the house. 

A memorial from Francis Baker of Talbot county, praying a re- 
mission of the sentence pronounced against him at the last session 
of convention, which forbids him to oifer himself for any office of 
trust, was read and ordered to lie on the table. 

On reading a second time the petition of lieutenants Uriah For- 
rest, William Bowie, and Benjamin Brooks, of the second inde- 
pendent company of regular troops, Ordered, That captain John 
Gunby appear before this convention, or in the recess thereof be- 
fore the council of safety, on Monday the 20th instant, to answer 
the charge exhibited against him in said petition. 

Ordered, That summonses issue to Henry Jackson and lieu- 
tenants William Bowie and Benjamin Brooks of Somerset county, 
captain James Handy of Worcester county, and Mr. Robert Cum- 
mins of Baltimore county, to appear before this convention, or in 
the recess thereof before the council of safety, on Monday the 20th 
instant. 

On reading a second time the petition of William Faris, Resolv- 
ed, That a committee be appointed to examine into the facts set 
forth in the said petition, and report thereon to the convention ; 
and that Mr. Griffith, Mr. Joseph Dasheill, and Mr. Hawkins be a 
committee for that purpose. 

Ordered, That Alexander Wickham be allowed the sum of three 
shillings and six pence per day during his confinement for subsist- 
ence. 

Convention adjourns till to-morrow mofhing, 9 o'clock. 

FRIDAY, May 10, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Beall appeared in the 
house. 

Mr. Griffith brings in and delivers to Mr. President a report from 
the committee appointed to examine into the facts set forth in the 
petition of William Faris, which was read and ordered to lie on 
the table. 

A petition from Robert Wood of Frederick county, relating to the 
erecting a sheeting and slitting mill ; the proceedings of the com- 
mittee of observation for Prince George's county, on the 6th inst,; 
a petition from James Hutchings, of Queen Anne's county, against 
the conduct of Samuel Purviance ; a petition Irom the Pomonkey 



128 PROCEEDINGS OF THE CONVENTION [1776. 

company of militia in Charles county ; proposals from Henry Hol- 
lingsworth of Cecil county, to manufacture gun barrels ; a petition 
from John Brewer of the city of Annapolis ; and a petition from 
the inhabitants of Prince George's county, on Potowmac river, 
were severally read and ordered to lie on the table. 

Mr. Jordan appeared in the house. 

The convention being informed that Mr. Samuel Purviance, jr., 
was attending, agreeable to his recognizance entered into by order 
of the council of safety on the 26th day of April last, Resolved, 
That a committee be appointed to examine the papers laid before 
the convention by the council of safety, relative to the conduct of 
the said Samuel Purviance, jr., and report the charge arising there- 
from ; and Mr. Hollyday, Mr. Goldsborough, and Mr. T. Johnson, 
were elected by ballot a committee for that purpose. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

A petition from the committee and inhabitants of the upper dis- 
trict of Frederick county ; a petition from the committee and oth- 
ers, the freemen of the lower district of said county ; a memorial 
from captain Edward Veazey of the 7th independent company of 
regular troops ; and a remonstrance from the committee of obser- 
vation for Talbot county, were severally read and ordered to lie on 
the table. 

Mr. Hollyday brings in and delivers to Mr. President a report 
from the committee appointed to examine the papers laid before 
the convention by the council of safety, relative to the conduct of 
the said Samuel Purviance, jr., which was read a first and second 
time, and follows in these words, to wit : 

"By the committee appointed to examine the papers laid before 
the convention by the council of safety, relative to the conduct of 
Samuel Purviance, jr., of Baltimore town, &c. 

"Your committee do report, that they have examined the papers 
laid before the convention, from which it appears to your commit- 
mittee, that the charge arising from the said papers falls under the 
following heads : 

"First, That the said Samuel Purviance, since the rising of the 
last convention, hath usurped a power to direct the operations of 
the military force of this province, (at a time when the council of 
safety, to whom the same solely and properly belongs in the recess 
of convention, was sitting, and might without inconvenience have 
been applied to,) as appears by his letter of instructions to captain 



1776.] OF THE PROVINCE OF MARYLAND. 129 

Samuel Smith, of colonel Smalhvood's battalion, bearing date the 
14th day of April last, a copy of which, attested by the clerk of 
the council of safety, your committee refer to. 

"Secondly, That the said said Samuel Purviance being, at the 
time of his writing the said letter, and giving the said instructions, 
chairman of the committee of BuJtimore county, did write the said 
letter and give the said instructions under color of his said office 
of chairman, and as if at the request of the said committee ; where- 
as the said committee were not consulted thereon, nor made ac- 
quainted therewith, as appears by the said letter and instructions, 
and by the proceedings of the said committee, attested copies where- 
of among the said papers are referred to. 

"Thirdly. That the said Samuel Purviance, by writing and speak- 
ing, and particularly by a letter by him written to the president 
of the congress some time about the middle of April last, hath un- 
justly represented the convention and council of safety, as irreso- 
lute and afraid to execute the trusts reposed in them, and endea« 
vored to draw a suspicion upon them of a want of spirit and zeal 
in the e.\ecution of their duty. 

"All which is humbly submitted to the consideration of the hon- 
orable convention. 

By order, R. RIDGELY, elk. com." 

On considerataion whereof. Resolved^ That Thursday next be 
appointed for the appearance of Samuel Purviance, jr., to answer 
the charge exhibited against him ; but if it should appear by affida- 
vit that Mr. John Smith (whose testimony Mr. Purviance alleges 
is material to him) cannot be had here on that day, then the con- 
vention do order, that Mr. Purviance shall appear as aforesaid on 
the Saturday following at 9 o'clock. 

Mr. Mackall and Mr. Buchanan appeared in the house. 

On reading a second time the petition of James Hutchings of 
Queen Anne's county, against the conduct of Samuel Purviance, 
jr., Resolved, That the same be taken into consideration on Thurs- 
day next. 

The proposals of Henry Hollingsworth being read a second time. 
Resolved, That a committee be appointed to consider of the same, 
and report their opinion thereon ; and Mr. Gilpin, Mr. Ringgold and 
Mr. Rumsey, were elected by ballot a committee for that purpose. 

Convention adjourns till to-morrow morning 9 o'clock. 

SATURDAY, May 11,1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. 
17 



130 PROCEEDINGS OF THE CONVENTION [I77(>. 

A petition from George French, sheriff, and Joshu Tesstil, one 
of the deputy sheriffs of Frederick county; petition from Abra- 
ham Ling.infelter, David Alspaugh, and Henry Barnes, languishing- 
debtors in Frederick county jail ; and a petition from Philemon 
Do\vnes,late sheriff of Queen Anne's county, were severally read 
and ordered to lie on the table. 

Ordered, That all petitions relative to proceedings of commit- 
tees of observation against non-enrollers be referred to the com- 
mittee appointed to examine into the facts set forth in the petition 
of William Faris. 

Mr. Allein and Mr. Plater have leave of absence till Monday next. 

On reading a second time the proceedings of the committee of 
observation for Prince George's county of the 6th instant, relative 
to the reverend Mr. John Eversfield and Mr. Ral|)h Forster, Resolv- 
ed, that the resolutions of the last session of convention suffi- 
ciently provide for the case stated in the said proceedings of the 
committee. 

Mr. Reider has leave of absence. 

On reading a second time the petition of Robert Wood of Fred- 
erick county, Resolved, that a committee be appointed to consider 
of the same and report their opinion thereon ; and Mr. Gilpin, 
Mr. Beatty, and Mr. J. T. Chase, were elected by ballot a com- 
mittee for that purpose. 

On motion. Resolved, That this convention will on INIonday 
next resolve into a committee of the whole, to take info consider- 
ation the late intercepted letters to governor Eden, the proceed- 
ings of the continental congress, and of the council of safety of 
this province thereupon. 

Mr. Ringgold and Mr. JNicholson have leave of absence till 
Monday next. 

Convention adjourns till Monday morning, 9 o'clock. 

MONDAY, May 13, 1776. 

Convention met. All members present as on Saturday except 
Mr. Reider, Mr. Nicholson, and Mr. Allein. The proceedings of 
Saturday werd read. 

The proceedings of the committee of observation for Calvert 
county, on the complaint of Joseph Wilkinson against James 
Weems, were read and ordered to lie on the table. 

On motion. Resolved, That a committee be appointed to examine 
and adjust the several claims on the treasury; and Mr. Earle, Mr. 
Contee, Mr. Tolley, Mr. Hooe, and Mr. Chamberlane, were elected 
by ballot a committee for that purpose. 



1^76.] OF THE PROVINCE OF MARYLAND, 131 

The petition of Puiiial Joliiison was read and ordered to lie on 
the table. 

Mr. Dallam a|)peared in the house. 

On reading a second time the petition of Philemon Downes, late 
sheriff of Queen Anne's county, and considering the same, Resolv- 
ed, 'J'hat the case therein stated is provided for in the resolutions 
of the convention held the twenty-sixth of July last, and that the 
committee for licensing suits in Queen Anne's county ought to 
grant licenses to sue or warrant as the case may require, under the 
limitations expressed in the said resolves of July. 

The memorial of Francis Baker of Talbot county was read a 
second time and considered, and thereupon. Resolved, That the 
same be rejected. 

On considering the represention from the committee of Talbot 
county of the case of Alexander Wickham, Resolved, That he be 
discharged, being a person too insignificant and conlemptihle for the 
furthernotice of this convention. 

On motion, Resolved, That in all cases in which the council of 
safety, or any committee of observation within this province, shall 
be in want of a witness or witnesses in any fact properly depending 
before them, that they issue subpoena requiring the attendance of 
the said witness or witnesses, at a time and place by the said 
council or committee to be appointed ; and in case of disobe- 
dience, that they issue attachment of contempt, directed to some 
captain of the militia, requiring him to take the body of the wit- 
ness or witnesses disobeying as aforesaid, and he or they beino- 
before the said council or committee, to answer the contempt, and 
may fine the said witness or witnesses not exceeding the sum of 
five pounds current money. And if it shall happen that any wit- 
ness shall refuse to declare on oath the truth of his or her know- 
ledge touching the fact under the consideration of such council or 
committee,^that they have full power and authority to commit such 
witness to the custody of some captain of militia within the county 
where such witness resides, and by him to be safely kept until such 
witness shall comply as aforesaid. Provided always, that this re- 
solution shall not be understood to compel witnesses to give evi- 
dence in cases in which they are interested, and they declare the 
same on oath when required. 

Resolved, That the expenses arising on such attachment or 
commitment, be defrayed out of the property of the person attach- 
ed or committed. 

Adjourned till 3 o'clock. 



132 PROCEEDINGS OF THE CONVENTION [1776. 

POST MERIDIEM. 

Convention met. Mr. Somervill appeared in the house. 

A memorial from the committee of observation for Cecil county, 
and an address and petition from the officers and associalors in the 
30th or Susquehannah battalion of militia in said county, were 
severally read and ordered to lie on the table. 

On reading a second time the petition of Purnal Johnson, Re- 
solved, That the same be referred to the committee of observation 
for Baltimore county, and thai the said committee report to this 
convention their opinion of the merits of said petition. 

Ordered, That the clerk transmit a copy of the above resolve, to- 
gether with a copy of the petition, to the committee of Baltimore 
county. 

On motion, Resolved, That a committee be appointed to consider 
of the further means of defence necessary for this province ; and 
Mr. T. Johnson, Mr. Goldsborough, Mr. Hollyday, Mr. Paca, Mr. 
Hooper, Mr. Tilghman, and Mr. Plater, were elected by ballot a 
committee for that purpose. 

On reading a second time the remonstrance from the committee 
of observation for Talbot county, Resolved, That the 4th battalion 
of militia in said county, be composed of the companies of the 
captains Joseph Bruff, Jacob Gibson, Nathaniel Cooper, John 
Daufrherty, James Lloyd, Samuel Abbot, Thomas Gordon, and 
Greenbury Goldsborough ; and that the companies of the captains 
James Benson, Henry Banning, John Rolle, William Hambleton, 
William Webb Haddaway, and Nicholas Martin, in said county, 
form the 38th battalion. 

The remonstrance of the committee of the lower district of 
Frederick county being read a second time. Resolved, That the 
same be referred for consideration till next session of convention. 

On reading a second time and considering the memorial of cap- 
tain Edward Veazey, Resolved, That the same be rejected. 

On reading a second time the petition of Abraham Linganfelter, 
David Alspaugh, and Henry Barnes, languishing debtors in Frede- 
rick county gaol. Resolved, That the same be referred to the con- 
sideration of the next session of convention. But that it is in 
the mean time recommended to the several creditors of said pe- 
titioners to accept the compromise offered by them, provided the 
same be a just and fair one. 

The order of the day for taking into consideration the late inter- 
cepted letters to governer Eden, the proceedings of the continen- 
tal congress, and of the council of safety of this province, there- 
upon, being read, Resolved, That this convention will on to-mor- 



1776.] OF THE PROVINCE OF MARYLAND. 133 

row resolve itself into a committee of the whole to consider of 
the same. 

Convention adjourns till to-morrow morning, 9 o'clock* 

TUESDAY, May 14, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Slull, Mr. Allein, and 
Mr. Nicholson, appeared in the house. 

A petition from the freemen belonging to the 29th battalion of 
militia; a petition from the committee and others the inhabitants 
of the middle district of Frederick county; a letter from col. John 
Murdock of the 29th battalion; a petition from Jacob Keaport of 
Baltimore county, and, an application from Michael Cocendofer 
of Frederick county, for a sum of money to enable him to carry 
on a stocking manufactory; were severally read and ordered to 
lie on the table. 

On motion, Resolved unanimously, That upon every vote the 
delegates from each county be severally called, and the yeas and 
nays respectively taken, if required by acoujity, and that the same 
be recorded with the proceedings of the convention. 

Resolved, That all the votes and proceedings of the convention 
be published, except such as relate to military operations, and such 
others as shall be particularly ordered not to be publisHedi * 

On reading a second time the application of Michael Cocelidofer 
Resolved, Tiiat a committee be appointed to receive all proposals 
relative to the establishment of manufactories, and repori their 
opinion thereon ; and Mr. Gilpin, Mr. Rumsey, Mr. Earle, Mr. 
Evving, and Mr. Beall, were elected by ballot a committee for that 
purpose. 

The petition of Jacob Keaport of Baltimore county being read 
a second time. Resolved.) That the same be rejected. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

A recommendation of field officers, and a petition for commis« 
sions for said officers, from the captains Gist Vaughan, Micijab 
Merryman, John Stevenson, son of Edward, John Forster, Stephen 
Gill, son of John, John Talbot, Edward Cockey, and John Cockey, 
were read and ordered to lie on the table. 

The order of the day for taking into consideration the late inter- 
cepted letters to governor Eden, the proceedings of the continen- 
tal congress, and of the council of safety of this province, being 



13 i PROCEEDINGS OF THE CONVENTION [177<)» 

read, the convention resolved itself into a committee of the whole 
to consider of the same ; Mr. Plater in the chair. After some lime 
spent therein, Mr. President resumed the chair, and Mr. Plater re- 
ported, that the committee according to order, had taken under 
their consideration the late intercepted letters to governor Eden, 
the proceedings of the continental congress, and of the council of 
safety, thereupon, but not being able to go through the same, had 
directed him to move for leave to sit again. 

Resolved, That this convention will to morrow resolve itself into 
a committee of the whole to consider further of the said letters and 
proceedings. 

Convention adjourns till to morrow morning at 9 o'clock. 

WEDNESDAY, May 15, 177G. 

Convention met. All members present as on yesterday* The 
proceedings of yesterday were read. 

On re ding a letter from captain John Allen Thomas of the fifth 
independent company of regular troops, Resolved, That a commit- 
tee be appointed to enquire into the conduct of Mr. Robert Cum- 
mins, and the reason why he has not supplied the troops with ra- 
tions as regulated at the last convention, agreeable to his contract 
with the council of safety : and Mr. Scott, Mr. Hooe, Mr. Plater, 
Mr. Hooper, and Mr. Barnes, were elected by ballot a committee 
for that j)nrpose. 

Whereas, it is necessary that the peace and good order of the pro- 
vince should be maintained as much as possible, and it appearing 
to this convention that sundry officers appointed for that purpose 
have refused to take upon Ihcm the respective trusts to which they 
have been appointed, alleging scruples to take the usual oaths to 
the government during the unhappy differences with Great Britain, 

Resolved, That the said oaths be dispensed with during the said 
differences, and that the persons already appointed, or who may 
hereafter be appointed, do qualify themselves for their trusts, by ta- 
king the respective oaths of office to which they are or may be ap- 
pointed ; and all persons concerned, either in administering or ta- 
king the said oath of office, independent of the said oaths to the 
government, may rest assured that proper care shall be taken, upon 
the settlement of those differences, an event we most ardently wish 
for, to indemnify them against any penalties directed by any laws 
.to be inflicted on persons acting as aforesaid, without having first 
taken said oaths. 

Ordered, That captain John Bonnett's company of militia in 
the upper district of Frederick county, be assigned a company of 



1776.] OF THE PROVINCE OF MARYLAND. 135 

light infantry to col. John StuH's battalion, and that (he council of 
safety issue commissions to the officers of said company. 

A memorial from the Baltimore independent company of mi- 
litia, praying leave to continue and be considered as an indepen- 
dent company of militia, was read and ordered to lie on the table. 

The order of the day for taking into consideration the late in- 
tercepted letters to governor Eden, the proceedings of the conti- 
nental congress, and of the council of safety of this province, being 
read, the convention resolved itself into a committee of the whole 
to consider of the same: Mr. Plater in the chair. After some time 
spent therein, Mr. President resumed the chair, and Mr. Plater re- 
ported, that the committee had according to order taken into their 
consideration the late intercepted letters to govornor Eden, the 
proceedings of the continental congress, and of the council of safe- 
ty of this province, thereupon, but not being able to go through 
the same, had directed him to move for leave to sit again. 

Resolved, That this convention will in the afternoon resolve it- 
self into a committee of the whole to consider further of the said 
letters and proceedings. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

The petitions of Seth Paddock and Daniel Adams of the pro- 
vince of Massachusetts Bay, were severally read and ordered to lie 
on the table. 

The order of the day for taking into consideration the late inter- 
cepted letters to governor Eden, the proceedings of the continental 
congress, and of the council of safety of this province, thereupon, 
beincr read. Ordered, That the same be referred for further consid- 
eration till to-morrow. 

Convention adjourns till to-moirow morning, at 9 o'clock. 

THURSDAY, May 16, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. 

The petition of Hunlock Palfrey of New England, and a petition 
from the freemen belonging to the 29th battalion of mditia, were 
severally read and ordered to lie on the table. 

Mr. Nicholas Harwood was appointed assistant clerk to the con- 
vention. 

Ordered, That he qualify himself as such, by taking the oath of 
office and secrecy as directed to be taken by the clerk. 



I.Jf) PrvOCEEDINGS OF THE CONVENTION [1776. 

On motion, Rcsnived, That a committee of five persons be ap- 
pointed, to consider of and report proper alterations or additions to 
the resolutions of convention for encouraging the making marine 
salt; and Mr. T. Johnson, Mr. Plater, Mr. Chaille, Mr. Handy, Mr. 
Hooper, and Mr Jordan, were elected by ballot a committee for 
that purpose. 

On motion. Resolved, That a committee be appointed to consid'- 
er and report proper alterations or additions to the resolutions of 
corivention for erecting a powder mill, and that the same commit- 
tee also examine the accounts of the supervisors of salt-petre vvoiks, 
and report thereon ; and Mr. T. Johnson, Mr. Rumsey, Mr. Ring- 
gold, Mr. Gilj)in, Mr. Hooper, and Mr, Hooe, were elected by bal- 
lot a committee for that purpose. 

Certificate of Mr. Harwood's qualification was produced and 
filed. 

On reading a second tiine the proceedings of the committee of 
Calvert county, on the complaint of Joseph Wilkinson against James 
Weems, Resolved, That the same be taken into consideration on 
Tuesday next, at 9 o'clock in the morning; and that the clerk 
transmit copies of the above resolution to the said Joseph Wilkin- 
son and James Weems, resi)ectively. 

On motion, Resolved, That one shilling per day be allowed as a 
ration for the militia of this province when called into actual ser- 
vice. 

On reading a second time the memorial of the Baltitnore inde- 
pendent company, now commanded by captain John Street, Resolv- 
ed, That the same be granted. 

On reading a second time the recommendation of field officers 
and petition for commissions for said officers from the captains Gist 
Vaughan, Micijah Merryman, John Stevenson, son of Edward, John 
Forster, Stephen Gill, son of John, John Talbott, Edward Cockey, 
and John Cockey, Resloved unanimously, That the same be rejected, 

Mr. Mackall has leave of absence for a few days. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Met according to adjournment. 

The petition of Charles Lansdale of Prince George's county, 
was read and ordered to lie on the table. 

Mr. George Brent, a member for that district of Frederick coun- 
ty which lies to the west of Licking creek, appeared and took his 
seat in the house. 

On hearing and considering the petition of James Hutchings, 



1776.] OF THE PROVINCE OF MARYLAND. 137 

and the allegations and proofs offered in support thereof, as well 
as the allegations and proofs offered by Samuel Purviance in de- 
fence of his conduct, Resolved, That the said Samuel Purviance 
acted in a public character, and that the pressing emergency on 
which he thus acted, renders his conduct blameless. 

Resolved, That the said Samuel Purviance be allowed all just and 
reasonable expenses attending the complaint exhibited against him 
by the said James Hutohings. 

On motion, Resolved, That a committee be appointed to ascer- 
tain the same ; and Mr. Plater, Mr. Beall, and Mr. J. T. Chase, 
were elected by ballot a committee for that purpose. 

A petition from John M'Fadon of Baltimore town, relative to 
the establishment of a linen manufactory, was read and ordered to 
lie on the table. 

The order of the day for taking into consideration the late inter- 
cepted letters to governor Eden, the proceedings of the continen- 
tal congress, and of the council of safety of this province, there- 
upon, being read. Ordered, That the same be referred for further 
consideration till Saturday next. 

Convention adjourns till Saturday morning, 9 o'clock. 

SATURDAY, May 18, 1776. 

Convention met. All members present as on Thursday, except 
Mr. Mackall and Mr. Smith. The proceedings of Thursday were 
read. 

A letter from James Duane, Esq., enclosing resolutions of con- 
gress, and a memorial from the freemeen of North Susquehanna 
hundred in Cecil county were severally read and ordered to lie on 
the table. 

Mr. Griffith brings in and delivers to Mr. President a report from 
the committee appointed to consider of the several petitions rela- 
tive to proceedings of committees of observation against non-en- 
rollers, which was read and ordered to lie on the table. 

Mr. Griffith, Mr. Currer, and Mr. Letherbury have leave of ab- 
sence. 

The convention, agreeable to the order of the day, took into 
their consideration the charges reported against Samuel Purviance, 
jr., of Baltimore town, and on hearing Mr. Purviance and the sev- 
eral witnesses by him produced. Resolved, That the said Samuel 
Purviance, since the rising of the last convention, hath usurped a 
power to direct the operations of the military force of this province, 
(at a time when the council of safety, to whom the same solely and 
18 



138 PROCEEDINGS OF THE CONVENTION [1776. 

properly belongs in the recess of convention, was sitting and might 
without inconvenience have been applied to.) 

That the said Samuel Purviance being, at the time of his writing 
the said letter and giving the said instructions, chairman of the 
committee of Baltimore county, did write the said letter and give 
the said instructions under color of his said office of chairman and 
as if at the request of the said committee; whereas the said com- 
mittee were not consulted thereon nor made acquainted therewith. 

That the said Samuel Purviance, by writing and speaking, ai.d 
particularly by a letter by him written to the president of the con- 
gress, some time about the middle of April last, hath unjustly re- 
presented the convention and council of safety as irresolute and 
afraid to execute the trusts reposed in them, and endeavored to 
draw a suspicion upon them of a want of spirit and zeal in the 
execution of their duty. 

That the order of the day for taking into consideration the late 
intercepted letters to governor Eden, the proceedings of the con- 
tinental congress, and of the council of safety of this province, 
thereupon, being read, Ordered, That the same be referred for fur- 
ther consideration till Monday next. 

Convention adjourns till Monday morning, 9 o'clock. 

MONDAY, May 20, 1776. 

Convention met. All members present as on Saturday, except 
Mr. Griffith, Mr. Currer, Mr. Letherbury, Mr. Tyler, and Mr. Lloyd. 
The proceedings of Saturday were read. Mr. Smith appeared in 
the house. 

The convention being informed that Elisha Winters of Kent 
county, was willing to contract for the making a quantity of fire 
arms for the public. 

Resolved, That the terms offered by the said Elisha Winters be 
referred to the committee appointed to consider of the proposals 
of Henry Hollingsworth. 

The president laid before the convention a letter from the depu- 
ties of this province in Congress, enclosing the following resolu- 
tions, to wit : 

" IN CONGRESS, May 15, 1776. 

"Whereas, h\s Britanic majesty, in conjunction with the lords 
and commons of Great Britain, has, by a late act of parliament, 
excluded the inhabitants of these united colonies from the protec- 
tion of his crown — And whereas no answer whatever, to the hum- 
ble petitions of the colonies for redress of grievances and recon- 



1776] OF THE PROVINCE OF MARYLAND. 139 

ciliation with Great Britain, has been, or is likely to be given, but 
the whole force of that kingdom, aided by foreign mercenaries, is 
to be exerted for the destruction of the good people of these colo- 
nies — and whereas it appears absolutely irreconcilable to reason and 
good conscience, for the people of these colonies NOW to take 
the oaths and affirmations necessary for the support of any govern- 
ment under the crown of Great Britain; and it is necessary that 
the exercise of every kind of authority under the said crown should 
be totally suppressed, and all the powers of government exerted 
under the authority of the people of the colonies, for the preserva- 
tion of internal peace, virtue, and good order, as well as for the 
defence of their lives, liberties and properties, against the hostile 
invasions and cruel depredations of their enemies — Therefore, 

Resolved, That it be recommended to the respective assemblies, 
and conventions, of the united colonies, where no government 
sufficient to the exigencies oi their affairs has been heretofore es- 
tablished, to adopt such government as shall, in the opinion of the 
representatives of the people, best conduce to the happiness and 
safety of their constituents in particular, and America in general. 

"Extract from the minutes, CHA. THOMSON, sec'y. 

Which was read and thereupon. Resolved, That a committee be 
appointed to take the same into consideration, and report thereon ; 
and Mr. T. Johnson, Mr. Paca, Mr. Goldsborough, Mr. Hollyday, 
and Mr. Tilghman, were elected by ballot a committee for that pur- 
pose. 

The proceedings of the committee of observation for Prince / 
George's county on the 16th inst. were read and ordered to lie on 
the table. 

A petition from the merchants of Dorchester county; a letter 
from John Hanson, jr. of Frederick county; and a petition from the 
minute company lately commanded by captain William Henry, 
praying to be established a company of militia, under their late 
officers, were severally read and ordered to lie on the table. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Met according to adjournment. 

Ordered, That the muskets made and sent hither by Henry Yost 
and John Unsold of Frederick county, in consequence of their re- 
spective contracts with the council of safety on the ^Sth day of 
November and 14th of December last, be returned to them as unfit 
for service, and that they pay the expense of sending them here. 

Mr. T. Johnson brings in and delivers to Mr. President a report 



140 PROCEEDINGS OF THE CONVENTION [1776 

from the committee appointed to consider of the resolution of con- 
gress of the 15th instant, and report thereon ; which was read and 
ordered to lie on the table. 

Ordered, That the committee of claims estimate and report to 
the convention a proper allowance to the surgeons and adjutant, 
who attended the minute companies commanded by the captains 
James Kent and William Henry, when ordered on duty to the as- 
sistance of Northampton and Accomack counties in Virginia. 

Ordered, That the petition of the lieutenants Uriah Forrest, 
William Sprigg Bowie, and Benjamin Brooks, against captain John 
Gunby, be postponed for consideration till to-morrow. 

On reading a second time the petition of the freemen belonging 
to the 29th battalion, and consideiing the same, Resolved, that it be 
dismissed. 

On motion. Resolved, That the council of safety be empowered 
immediately to contract with proper persons to raise the vessels 
lately sunk in Patapsco river for the preservation of Baltimore 
town; and to rig and put those vessels in the same state that they 
were before they were sunk. And the said council of safety for 
the time being be also empowered to appoint proper persons, not 
less than three, who on oath shall ascertain and return the dif- 
ference of value, if any, of the same vessels, occasioned by the 
sinking thereof. And that the same council of safety pay the ex- 
penses of raising the said vessels and putting them in order as 
aforesaid, out of the public money, as well as any actual expenses 
incurred by the owners for wages and mnintenance of the crews of 
the said vessels, and a reasonable monthly allowance for the time 
the vessels have been and shall be out of the possession and power 
of their owners. 

The order of the day for taking into consideration the late inter- 
cepted letters to governor Eden, the proceedings of the continen- 
tal congress, and the council of safety of this province, thereupon, 
being read. Ordered, That the same be referred for further consid- 
eration till to-morrow. 

Convention adjourns till to-morrow morning, 9 o'clock. 

TUESDAY, May 21, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Tyler appeared in the 
house. 

Ordered, That the treasurer of the western shore pay to captain 
William Henry five hundred and forty-four pounds fifteen shillings 
and six pence, to discharge the pay and subsistence of his minute 
company. 



I77fl.] OF THE PROVINCE OF MARYLAND. 141 

The convention took into their consideration the report from the 
committee appointed to report on the resolution of coiiirress of the 
15th instant, and thereupon came to tlie fullowing resolutions. 

Resolved unanimously, That the people of this province have the 
sole and exclusive right of regulating the internal government and 
police of this province. 

Resolved unaiihnoush/, That it is the opinion of this convention, 
that this convention hath ample i)ower to draw the whole force of 
this province into action against the armed force that is, or maybe 
employed to carry into execution the several unconstitutional and 
oppressive acts of the British parliament for laying taxes in Ameri- 
ca, to enforce the collection of those taxes, and for altering and 
changing the constitution and internal police of some of the united 
colonies. 

Resolved unanimously, That this province has hitherto exerted it- 
self, and will upon all occasions continue to exert itself, with cheer- 
fulness and alacrity, in the common cause, agreeable to the faith 
pledged in the union of the colonies : and if it shall appear to this 
province necessary to enter into a further compact with the other 
colonies for the preservation of the constitutional rights of Ameri- 
ca, this province will enter into such further engagement for that 
purpose. 

Resolved unanimously, That this convention, by a resolution of 
the 15lh day of this instant, hath made sufficient provision to pre- 
vent a necessity for any person within this province now taking 
the oaths for the support of government under the crown of Great 
Britain, and that it is the opinion of this convention, that it is not 
necessary that the exercise of every kind of authority under the 
said crown should be now totally suppressd in this province, and 
all the powers of government exerted under the authority of the 
people. 

Resolved, That the honorable Matthew Tilghman, Esq., and 
Thomas Johnson, jun., Robert Alexander, Samuel Chase, Robert 
Goldsborough, William Paca, Thomas Stone, and John Rogers, 
Esquires, deputies now re-elected by ballot to represent this pro- 
vince in congress, be, and they or any three or more of them are, 
empowered to represent this province in congress until the end of 
the next session of convention, as fully as they might, until the 
end of this session of convention have done the same, under their 
former appointment. 

Resolved unanimously, That as this convention is fitmly persuad- 
ed that a re-union with Great Britain on constitutional principles 
would most effectuallv secure the rights and liberties, and increase 



142 PROCEEDINGS OF THE CONVENTION [1776. 

the strength and promote tlie happiness of the whole empire, ob- 
jects which this province hath ever had in view, the said deputies 
are bound and directed to govern themselves by the instructions 
given to them by this convention in its session of December last, 
in the same manner as if the said instructions were particularly re- 
peated. 

Agreeable to the order of the day the convention proceeded to 
take into consideration the petition of lieutenant Uriah Forrest, 
preferred on behalf of himself and lieutenants William Sprigg 
Bowie, and Benjamin Brooks, setting forth, that from the conduct of 
their captain, John Gunby, of the second independent company of 
regular troops, they had cause to suspect his zeal for the rights and 
liberties of America, and praying to be removed from said compa- 
ny; and on hearing and considering the proofs and allegations of- 
fered, as well by the petitioners as the said John Gunby, Resolved, 
That it is the opinion of this convention that the said captain John 
Gunby, far from having given any just cause to suspect his zeal for 
the rights and liberties of America, hath by his conduct manifested 
a laudable zeal in defence of the rights and liberties of America in 
general, and this province in particular. 

Resolved, therefore, that the said petition be rejected. 

Mr. Bond has leave of absence for a few days. 

The order of the day for taking into consideration the late inter- 
cepted letters to governor Eden, the proceedings of the continen- 
tal congress, and of the council of safety of this province, being 
read, Ordered, That the same be referred for further consideration 
till to-morrow. 

The order of the day for taking into consideration the proceed- 
ing of the committee of Calvert county, on the complaint of Joseph 
Wilkinson against James Weems, was referred for consideration 
till to-morrow. 

Convention adjourns till to-morrow morning, 9 o'clock. 

WEDNESDAY, May 22, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Potter. The proceedings of yesterday were read. 

The committee for that purpose appointed, bring in and deliver 
to Mr. President, a report on the proposals of Henry Hollings- 
worth, to manufacture gun barrels; also a report on the terms of- 
fered by Elisha Winters of Chestertown, in Kent county, to manu- 
facture fire arms, which were severally read and ordered to lie on 
the table. 

The proceedings of the committee of. Baltimore county, on the 



1776.] OF THE PROVINCE OF MARYLAND. 143 

conduct of Alexander M'Gee, a petition from Joseph Renshaw of 
Baltimore county, and a petition fiom the freeholders and associa- 
tors of Sassafras neck, Cecil county, were severally read and or- 
dered to lie on the table. 

The convention taking into consideration the resolutions of Sat- 
urday last on the charge against Samuel Purviance, jun., of Balti- 
more town, 

Resolved, That Samuel Purviance, jun., be called before this 
convention, and be informed by Mr. President of the resolutions 
had on Saturday last on the articles of charge against him, and 
further, that this convention highly disapprove and condemn his 
conduct in usurping the power to direct the operations of the mili- 
tary force of this province, and in using his character of chairman, 
and engaging the countenance and promising the protection and 
indemnity of the committee, without the orders of the committee, 
assembled as such. That it appears to this convention, that the 
said Samuel Purviance in his usurpation of the power to direct the 
military force of this province, was considerably influenced by a 
person not residing in this province, nor having any interest or pro- 
perty therein, and that it would be of the most dangerous tenden- 
cy to the peace of this province, and to the safety and security of 
the good people thereof, to suffer any person or persons, other than 
those entrusted with the proper authority by this province, and 
more especially such as do not reside nor have any interest there- 
in, to interfere in the direction of the internal affairs, civil or mili- 
tary, of the said province. That this convention hath no intention 
or desire to prevent any person from freely examining into the con- 
duct of the convention, or any other public body within this pro- 
vince, or into the conduct of any individuals thereof, or to exercise 
his judgment, or to communicate his sentiments as to the abilities 
or fitness of any man to fill the otHce to which he is appointed. 
That it is necessary for the purpose of filling the places of highest 
trust with the best and most approved characters in the community, 
and for the preservation of public liberty, that there should be 
such free investigations. But that it is equally necessary for main- 
taing order, that the public bodies should not be wantonly and 
licentiously traduced by misrepresentations of them and their con- 
duct, to those especially who stand high in the present system of 
authority or command in America. That if the representations of 
the said Samuel Purviance concerning the convention and council 
of safety to the president of the congress and general Lee were 
true, such representations could not be serviceable to the public, 
because neither the president of the congress nor general Lee could 



144 PROCEEDINGS OF THE CONVENTION. [1776. 

dis^ilace, nor crtuld properly have any influence towards displacing 
any individual of either of those bodies, however unequal he might 
be to his |)ublic station. But that such representations being in- 
deed false, the calumny might have proved liighly prejudicial to the 
cause of America in general and to this province in particular. 

That this convention are therefore of opinion, that justice would 
well warrant a more exemplary punishment to be inflicted on the 
said Samuel Purviance for his said misdoings; but that in consid- 
eration of his active zeal in the common cause, and in expectation 
' that he will hereafter conduct himself with more respect to the 
public bodies necessarily entrusted with power mediately or imme- 
diately by the people of this province, ai-d will be more attentive 
to propriety, this convention hath resolved, that the said Samuel 
Purviance for his said conduct be censured and reprimanded, and 
that Mr. President do from the chair censure and reprimand him 
accordingly, and that he be thereupon discharged. 

And thereupon, the said Samuel Purviance, junior, being called 
in, and being at the bar of this house, Mr. President communicated 
to him the resolve of convention, and did censure and reprimand 
him accordingly. 

On motion, Resolved, That a committee be appointed to view 
and value the linon manufactured and transmitted to the council of 
safely by Edward Parker, of Cecil county, in pursuance of his en- 
gagement with the convention at their session in December last; 
and Mr. Hooe, Mr. Gilpin, ftTr. Ewing, Mr. Chamberlaine, and Mr. 
Contee, were elected by ballot a committee for that purpose. 

Adjourned till 3 o'clock. 

PO.ST MERIDIEM. 

Met according to adjournment. Mr. Rumsey has leave of ab- 
sence. 

The committee for that purpose appointed, bring in and deliver 
lo Mr. President, a report on the memorial of Edward Lloyd, esq. 
which was read and ordered to lie on the table. 

On reading a second time the proceedings of the committee of 
tDbservation for Prince George's county, relative to the Rev. Mr. 
* John Eversfield, Resolved, Thf t in consideration of the age and in- 
firmities of the said John Eversfield, and his want of abilities to 
exert any dangerous influence, that he be discharged, on paying 
the expenses of his confinement. 

Mr. T. Johnson brings in and delivers to Mr. President a re- 
port from the committee appointed to consider of and report pro- 
per alterations or additions to the resolutions of convention, for en- 



1776.] OF THE PROVINCE OF MARYLAND. 145 

couraging the making of marine salt, which was read a first and 
second time, and thereupon the convention taking the same into 
consideration, Resolved, That a public salt work be erected on or 
near the bay near the mouth of Potowmac, and another on the sea- 
board of this province; and that the said works be cariied on on • 
the public account, under the management and direction of such 
persons as shall be appointed by the council of safety for the time 
being; and that any sum of public money, not exceeding the sum 
of five hundred pounds, may, by order of the said council of safety, 
be expended in erecting and carrying on each of the said works. 
And that for encouraging private people to set up and carry on salt 
works, the council of safety for the time being may, on proper se- 
curity, and such terms as they approve of, advance of the public 
money any sum or sums not exceeding five hundred pounds, for 
erecting and carrying on each of two or more salt works in this 
province ; so that such advances for the encouragement of private 
salt works exceed not in the whole fifteen hundred pounds com- 
mon money; and that no public money be advanced for erecting 
and carrying on salt works under the resolution of convention held 
at Annapolis the 26th day of July last. 

On reading a second time the report from the committee appoint- 
ed to consider the proposals of Henry Hollingsworth, the conven- 
tion took the same into consideration, and thereupon, Resolved, 
That the sum of five hundred pounds be advanced to the said Hen- 
ry Hollingsworth, out of the public treasury, he giving bond in dou- 
ble that sum, conditioned for the payment of the sum so advanced 
in good substantial gun-barrels, that will stand the usual proof, well 
bored and ground, J of an inch in the bore, and 3^ feet in the barrel, 
at twenty shillings per barrel, and good substantial well manufactured 
and finished steel bayonets, at eight shillings per bayonet, in four 
months after the date thereof; and upon the completing the said 
or any subsequent contract for the like purpose, a sum not exceed- 
ing five hundred pounds on the like condition be advanced by the 
- convention or council of safety, so long and as often as they shall 
think the public exigency will require it. 

Resolved, That as a laudable desire to attain a competent know- 
ledge in the art of making salt-petre, and to diffuse this knowledge 
as extensively as possible, appears to this convention to have been 
the motive that induced the said Henry Hollingsworth to incur the 
expense of thirty pounds, in employing a certain John Mingle, a 
man of reputed skill in the said business, and he being further en- 
couraged thereto by the advice and concurrence of some of the 
members of this house, that the said expense be allowed in his gen- 
eral account as supervisor of the salt-petre work in Cecil county. 
19 



146 PROCEEDINGS OF THE CONVENTION [1776. 

The convention took into their consideration a report from the 
said committee on the terms offered by Elisha Winters of Chester 
town in Kent county, and came to the following resolutions there- 
on, to wit. 

Resolved, That the sum of eight hundred and and fifty-five pounds 
common money be advanced to the said Elisha Winters out of the 
pulic treasury, he giving bond in double ihat sum, with sufficient se- 
curity, conditioned for the delivery of 600 stand of muskets, three 
quarters of an inch in the bore and 3^ feet in the barrel, to be well 
stocked with walnut, and well finished, with strong substantial dou- 
ble bridled locks, strong brass mounting, substantial steel bayonets 
and ramrods, and swivels for slings, agreeable to a sample this day 
produced to the convention, at the rate of four pounds five shillings 
common money for each musket so finished ; the said muskets 
and accoutrements to be delivered to the order of the convention 
or the council of safety of this province for the time being, in the 
following proportions, to wit. Forty per month for the first three 
months from the date of the contract, and the residue in nine 
months thereafter, in proportions of not less than fifty per month ; 
the said Elisha Winters to be furnished in due time, by order of 
the convention or council of safety for the time being, with barrels 
and bayonets, of the dimentions and quality as aforesaid, at the 
Head of Elk river in Cecil county, at the rate of twenty shillings 
common money each for the barrels, and eight shillings like money 
each for the bayonets. That a further sum of four hundred and 
twenty-seven pounds ten shillings like money be advanced him, up- 
on the delivery of three hundred of the said muskets and accoutre- 
ments as aforesaid ; and upon the delivery of the residue as afore- 
said, that the further sum of four hundred and twenty-seven pounds 
ten shilling be paid him as the balance of the amount of the said six 
hundred muskets and accoutrements, at four pounds five shillings 
common money, deducting the cost of the barrels and bayonets as 
aforesaid. 

On motion, Resolved, That all persons employed in the manufac- 
turing or repairing of arms for the public, or in repairing arms for 
the use of the militia by order or appointment of any field officer 
of the militia, and all persons who are personally employed in erect- 
ing or working of powder mills, or in working in any public salt- 
petre or marine salt works, carried on for the use and on account of 
the public, shall, during the time they are actually so employed, with- 
in one year next following, be exempt from attending on musters. 

Resolved, that no muskets or rifles, except by the owner thereof 
on his removal to reside out of this province, or any gun barrels. 



1776.] OF THE PROVINCE OF MARYLAND. 147 

gun locks, or bayonets, be carried out of this province, without the 
leave of the council of safety for the time being. 

On reading a second time the petition of Charles Landsdale of 
Prince George's county, Ordered, That the same be referred to the 
committee appointed to examine the several claims on the treasury. 

A memorial from Henry Ridgely of Elkridge, in Anne Arundel 
county ; a memorial from Stephen Gartrill of said county ; and a 
petition from Isaac M'Hard of the city of Annapolis ; were several- 
ly read and ordered to lie on the table. 

The committee for that purpose appointed, bring in and deliver 
to Mr. President, the following report to wit. 

"The committee appointed to view and value the linen manufac- 
tured and sent to the council of safety by Edward Parker of Cecil 
county, do report, that seven pieces of linen delivered in to the 
commissary of stores, containing 281^ yards, are of the value of 
three shillings and six-pence currency per yard, and that one peice 
containing 21 yards, is of the value of two shillings and three-pence 
currency per yard. 

All which is submitted to the honourable convention. 

"Signed per order of the committee, 

N. HARWOOD, elk." 

Which was read and agreed to. 

Sundry remonstrances and petitions from the fifth and 20th bat- 
talions of militia in Queen Anne's county, were read and ordered to 
lie on the table. 

The convention took into consideration the proceedings of the 
committee of observation for Calvert county, in the cause of James 
Weems, and it appearing that the facts stated in the said Weems' 
letter to the said committee, on the 26th day of February last, are 
true, Resolved, That the said James Weems was not guilty of a 
breach of the resolve of congress referred to in the proceedings of 
the said committee, and that the said committee erred in the deter- 
mination by them made. 

A petition from the officers and privates thereunto subscribed of 
a company of militia in Linganore, in the middle district of Frede- 
rick county, against their captain Basil Dorsey, was read and order- 
ed to lie on the table. 

The order of the day for taking into consideration the late inter- 
cepted letters to governor Eden, the proceedings of the continental 
congress, and of the council of safety of this province, thereupon, 
being read. Ordered, That the same be referred for further consid- 
eration till to-morrow. 

Convention adjourns till to-morrow morning at 9 o'clock. 



148 PROCEEDINGS OF THE CONVENTION [IT76. 

THURSDAY, May 23, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Bond. The proceedings of yesterday were read. 

On motion, Resolved, That a committee be appointed to examine 
into the expenditure of the money placed in the hands of Mr. 
William Lux, as agent for the ship Defence; and Mr. Ringgold, 
Mr. Beall, Mr. Richardson, Mr. Murray, and Mr. Turbutt Wright, 
were elected by ballot a committee for that purpose. « 

Mr. Baird has leave of absence. 

On motion. Resolved, That a committee be appointed to consid- 
er of the expediency of exempting the masters and scholars of 
public and others schools from attending on musters ; and Mr. 
Plater, Mr. Scott, and Mr. T. Johnson, were elected by ballot a 
committee for that purpose. 

The order of the day for taking into consideration the late in- 
tercepted letters to governor Eden, the proceedings of the continent 
tal congress, and of the council of safety of this province, thereupon, 
being read, the convention resolved itself into a committee of the 
whole to consider of the same; Mr. Plater in the chair. After 
some time spent therein, Mr. President resumed the chair, and Mr. 
Plater reported, that the committee had according to order, taken 
into their consideration the late intercepted letters to governor 
Eden, the proceedings of the continental congress, and of the 
council of safety of this province, thereupon, but not being able to 
go through the same, had directed him to move for leave to sit 
again. 

Resolved, That this convention will in the afternoon resolve 
itself into a committee of the whole to consider further of the said 
letters and proceedings. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Met according to adjournment Mr. Stull has leave of ab- 
sence. 

Mr. Ringgold brings in and delivers to Mr. President, a report from 
the committee appointed to report proper alterations and additions 
to the resolutions of convention for erecting a powder-mill, and 
for the examination of the accounts of the supervisors of public 
salt-petre works; also a report from the committee appointed to 
examine into the conduct of Mr. Cummins, and the reason why 
he has not supplied the troops with rations, agreeble to his con- 
tract with the council of safety ; which were severally read and 
ordered to lie on the table. 



1776.] OF THE PROVINCE OF MARYLAND. 149 

Ajrrreable to order the convention resolved itself into a com- 
mittee of the whole, to consider of the late intercepted letters to 
governor Eden, the proceedings of the continental congress, and 
of the council of safety of this province, thereupon ; Mr. Plater in 
the chair. After some time spent thereit\ Mr. President resumed 
the chair, and Mr. Plater reported, that the committee had accor- 
ding to order, taken into their consideration the late intercepted 
letters to governor Eden, the proceedings of the continental con- 
gress and of the council of safety of this province, thereupon, but 
not being able to go through the same, had directed him to move for 
leave to sit again. 

Resolved, That this convention will on to-morrow resolve itself 
into a committee of the whole to consider further of the said let- 
ters and proceedings. 

On motion. Ordered, That the commanding officer of the troops 
at Annapolis, permit the bail of James Conway, a private in cap- 
tain Scott's company, to take the said Conway hnto his possession, 
in order to be surrendered in discharge of his said bail. 

The committee for that purpose appointed bring in and deliver 
to Mr. President, a report on the petition of Basil Brooke, jun., 
which was read and ordered to lie on the table. 

Mr. Gilpin from the committee appointed to receive proposals 
relative to the establishment of manufactories, brings in and delivers 
to Mr. President, a report on the memorial of Alexander M'Fadon 
of George-town in Frederick county; also a report from the said 
committee relative to a paper manufactory; which were severally 
read and ordered to lie on the table. 

Convention adjourns till to-morrow morning, 9 o'clock. 

FRIDAY, May 24, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Rumsey, Mr. Baird, Mr. Handy, and Mr. Stull. The proceed- 
ings of yesterday were read. 

On hearing Mr. Daniel Hughes, as to the execution of the con- 
tract made by Samuel Hughes on the behalf of himself and the 
said Daniel Hughes, for the casting and furnishing cannon for the 
public, Resolved, That the enquiry be made what is the standard proof 
of cannon contracted for on account of the continent, and that the 
same proof be had of the cannon to be furnished by the said 
Hughes's on their contract. 

Resolved, That notwithstanding the said Hughes's have not fur- 
nished the public with cannon within the time they contracted to 
do the same, that on their pursuing the work with diligence, the 



150 PROCEEDINGS OF THE CONVENTION [H^e. 

council of safety for the time being, take the whole number con- 
tracted for on the account and for the use of the public. 

The petitions of Patrick Obryan and John Brown, late farmers 
of his lordship's Quit-rents in Queen-Anne's county, were seve* 
rally read and ordered to lie on the table. 

Mr. Ringgold brings in and delivers to Mr. President, a report 
from the committee appointed to examine into the expenditure of 
the money placed in the hands of Mr. William Lux, as agent for 
the ship Defence, which was read and ordered to lie on the table. 

A petition from George Adams was read and ordered to lie on 
the table. 

Agreeable to the order of the day, the convention resolved itself 
into a committee of the whole, to consider of the late intercepted 
letters to governor Eden, the proceedings of the continental con- 
gress, and of the council of safety of this province, thereupon ; 
Mr. Plater in the chair. After some time spent therein, Mr. Presi- 
dent resumed the chair, and Mr. Plater reported from the com- 
mittee several resolutions, which were read and agreed to, and 
thereupon, 

Resolved, That it is the opinion of this convention, that the coun- 
cil of safety of this province, upon the subject of the late intercept- 
ed letters to governor Eden, duly and properly exercised the pow- 
ers delegated to them. 

Resolved, That it is the opinion of this convention, that upon 
the evidence before them of the correspondence which his excel- 
lency governor Eden has, from to time, held with administration, 
it does not appear that such correspondence has been with an un- 
friendly intent, or calculated to countenance any hostile measures 
against America. 

Whereas, by a late intercepted letter from lord George Germain, 
one of the secretaries of state, to his excellency the governor, it 
appears that a great atmament of land and sea forces were in rea- 
diness to proceed to the southward, in his lordships's expressions, 
"in order to attempt the restoration of legal government in that part 
of America," but in effect to invade and subdue the southern colo- 
nies ; which armament was to proceed in the first place to North 
Carolina, and from thence either to South Carolina or Virginia, as 
circumstances of greater or less advantage should point out; if to 
the latter, it might have very important consequences to this pro- 
vince ; and therefore in the said letter his excellency is called on 
well to consider of every means, by which he may, in conjunction 
with lord Dunmore, give facility and assistance to the operations 
of the said armament. And whereas, the governor must, if he re- 



1776.] 



OF THE PROVINCE OF MARYLAND. 



151 



mains in the exercise of the powers of government, fulfil and exe- 
cute the instructions of administration, or hazard the displeasure 
of the king, which it cannot be expected he will do. — And where- 
as by act of assembly of this province, the powers of government, 
in the absence of the governor, devolve upon the president of the 
council, and therefore the governor's departure cannot occasion a 
dissolution or suspenson of the present established form of govern- 
ment within this province, which this convention doth not think 
ought now to be changed, therefore Resolved, That it be signified 
to the governor, that the public quiet and safety, in the judgment 
of this convention, require that he leave this province, and that he 
is at full liberty to depart peaceably with his effects. 

Upon the last resolve, the yeas and nays being required, they 
were as follow : 



FOR THE AFFIRMATIVE. 




St. Mary's county. 




Baltimore county. 




Mr. Jordan, 


aff. 


Mr. Nicholson, 


aff. 


" Barnes, - 


aff. 


" Tolley, - 


aff. 


" Plater, 


aff. 


" Chase, 


aff. 


" Ford, 


aff. 


Harford county. 




Charles county. 




Mr. Hall, - 


aff. 


Mr. Hawkins, 


aff. 


" Love, . - . 


aff. 


" Hooe, 


neg. 


" Dallam, 


aff. 


" J. H. Harrison, 


aflf. 


Cecil county. 




" W. Harrison, - 


aff. 


Mr. Veazey, 


neg. 


Calvert county. 




" Gilpin, - 


aff. 


Mr. Somerville, 


aff. 


" Thompson, - 


aff. 


" Gantt, 


aff. 


" Ewing, - - - 


aff. 


" Allein, - 


aff. 


Queen Anne's county. 




Prince George's county. 




Mr. Hollyday, 


aff. 


Mr. Beall, 


aff. 


" Tur. Wright, 


neg. 


" Contee, - - - 


aff. 


" Tho. Wright, - 


aff. 


" Tyler, ; 


aff. 


" Earle, 


aff. 


Anne Arundel county. 




" Tilghman, - r 


neg. 


Mr. Carroll, barrister. 


aff 


Somerset county. 




" T. Johnson, 


aff. 


Mr. G. Dashiell, 


aff. 


" Paca, 


aff 


" Scott, 


neg. 


Frederick county. 




" Waters, 


aff. 


Mr. Beatty, 


aff 


Worcester county. 




" B. Johnson, 


aff. 


Mr. Chaille, 


neg. 


" Brent, 


aff. 


" Done, . - - 


aff. 






" J. Dashiell, - 


aff 



152 



PROCEEDINGS OF THE CONVENTION 



[1776, 



FOR THE NEGATIVE. 

Kent county. Dorchester county. 



Mr 


. Buchanan, 


- 


neg. 


Mr, 


, Goldsboroiigh, 


neg. 


II 


Sudler, - 


- 


- "fig- 


II 


Hooper, 


neg. 


i< 


Slubey, 


- 


neg. 


II 


Murray, 


neg. 


11 


Ringgold, 


- 


- "eg. 


II 


Ennalls, 


neg. 




Talbot county. 






Caroline county. 




Mr. 


. Chamberlaine, 




- "eg. 


Mr. 


Richardson, 


aff. 


<( 


Thomas, 


- 


"Rg- 


[( 


Dickinson, 


neg. 


II 


Edmondson, - 




- neg. 


II 


Mason, 


neg. 



Resolved, That a committee of five persons be appointed to wait 
on the governor and deliver him copies of the said resolutions, to- 
gether with the following address, to wit : 

To his Excellency Robert Eden, Esq., governor of Maryland. 
May it please your excellency, 

We are commanded by the convention to wait upon your excel- 
lency, and to communicate to you the resolutions they have this 
day entered into ; and we are instructed to assure your excellency 
that the convention entertains a favorable sense of your conduct, 
relative to the affairs of America, since the unhappy differences 
have subsisted between Great Britain and the united colonies, as 
far as the same hath come to their knowledge, and of their real 
wishes for your return to resume the government of this province, 
whenever we shall happily be restored to peace and that connex- 
with Great Britain, the interruption and suspension of which have 
filled the mind of every good man with the deepest regret. From 
the disposition your excellency hath manifested to promote the 
real interests of both countries, the convention is induced to enter- 
tain the warmest hopes and expectations, that upon your arrival in 
England, you will represent the temper and principles of the peo- 
ple of Maryland, with the same candor you have hitherto shewn, 
and that you will exert your endeavors to promote a reconcilation 
upon terms that may be secure and honorable both to Great Britain 
and America. 

Mr. President, Mr. Paca, Mr. T. Johnson, Mr. Plater, and Mr. 
Hollyday, were elected by ballot a committee accordingly. 

On reading a second time the report from the committee appoint- 
ed to examine into the expenditure of the money placed in the 
hands of Mr. William Lux, as agent for the ship Defence, Resolved, 
That the same be referred for consideration till the next session of 
convention. 

Adjourned till 3 o'clock. 



1776.] OF THE PROVINCE OF MARYLAND. 153 

POST MERIDIEM. 

Met according to adjournment. Mr. Harrison has leave of ab- 
sence. 

It being represented to this convention, that an appeal lately 
depending in the high court of appeals, between Pellett and others 
appellants, and Robert Long's lessee appellee, is lately dismissed, 
because the same could not longer continue, in the absence of the 
appellant's counsel, who was necessarily attending the public busi- 
ness as a representative in convention ; and because it is fit and 
proper that equal justice should be done all in any general provision 
that may be made to aid the proceedings in courts, and prevent 
the loss of suits which have continued, or may continue from the 
present disturbed state of affairs, longer than the law allows; it is 
therefore Resolved, That no execution issue on the original judg- 
ment from which the said appeal was granted, or on the said dis- 
missal, until the general state of the suits depending in the courts 
shall be considered, and remedy provided or refused to be provi- 
ded to prevent their discontinuance or dismissal because of their 
too long continuance, and that if any execution hath issued or 
should issue contrary hereto, the same be not served. 

An application from Dr. Charles Alexander Warfield of Anne 
Arundel county, for the sum of £ GOO to enable him to carry on a 
salt-petre manufactory, was read and ordered to lie on the table. 

Mr. Plater brings in and delivers to Mr. President, a report from 
the committee appointed to consider of the expediency of exempt- 
ing the masters and scholars of public and other schools from at- 
tending on musters, which was read and ordered to lie on the 
table. 

A memorial from major Thomas Price, on behalf of himself and 
the officers of the rifle company from this province in the continen- 
tal service, was read and ordered to lie on the table. 

On motion. Resolved, That a court of admiralty be erected, for 
the purpose of determining upon such captures and seizures of 
vessels as are or shall be made according to the late resolves of the 
continental congress upon that subject, and brought into this pro- 
vince. 

Resolved^ That a committee to consist of five persons be appoint- 
ed to devise a proper establishment for such court of admiralty ; 
and Mr. T. Johnson, Mr. Paca, Mr. Plater, Mr. J. T. Chase, and 
Mr. Hooe, were elected by ballot a committee accordingly. 

A memorial from the officers of the battalion of regulars station- 
ed at Annapolis, was read a first and second time and referred to 
the consideration of a committee for that purpose to be elected ; 
20 



154 PROCEEDINGS OF THE CONVENTION [1776. 

Mr. Hollyday, Mr. Goldsborough, and Mr. Tilghman, were elected 
by ballot a committee accordingly. 

On motion, Resolved, That the appointment of field officers for 
the militia in Kent county be postponed till the next session of 
convention. 

The convention proceeded to ballot for field officers for the mi- 
litia in Baltimore county, when the following persons were elect- 
ed, to wit : 

Gunpowder Battalion. Walter Tolley, jun., colonel ; Darby Lux, 
lieutenant colonel ; James Gittings, 1st major ; Thomas Sollers, 2d ; 
Benjamin Rogers, quarter master. 

Soldier's Delight Battalion. Thomas Gist, sen., colonel; Sam- 
uel Owings, lieutenant colonel; John Craddock, 1st major; Isaac 
Hammond, 2d ; Joseph Gist, quarter master. 

Baltiynore toivn Battalion. William Buchanan, colonel ; John 
Moale, lieutenant colonel ; Benjamin Nicholson, 1st major ; Tho- 
mas Jones, 2d ; James Calhoun, quarter master. 

Convention adjourns till to-morrow morning at 9 o'clock. 

SATURDAY, May 25, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Ringgold, and Mr. William Harrison. The proceedings of 
yesterday were read. 

On motion. Resolved, That a committee be appointed to prepare 
a passport for his excellency governor Eden, and to draught a let- 
ter to the committee of safety of Virginia ; and Mr. Paca, Mr. T. 
Johnson, and Mr. Hollyday, were elected by ballot a committee for 
that purpose. 

Mr. Handy appeared in the house. Mr. Ewing has leave of ab- 
sence. 

Mr. Hollyday brings in and delivers to Mr. President, a report 
from the committee to whom the memorial of the battalion of regu- 
lars was referred, which was read and ordered to lie on the table. 

Mr. Paca brings in and delivers to Mr. President, a report from 
the committee appointed to devise a proper establishment of a court 
of admiralty, for the trial of such captures and seizures as may be 
made pursuant to the late resolves of the continental congress on 
that subject, and brought into any port or district within this pro- 
vince, which was read and ordered to lie on the table. 

A memorial from captain George Strieker was read and ordered 
to lie on table. 

Mr. Turbutt Wright has leave of absence. 

The convention took into their consideration the report from 
the committee appointed to devise a proper establishment for a 



1776.] OF THE PROVINCE OF MARYLAND. I55 

court of admiralty, for the trial of such captures and seizures as 
are or may be made pursuant to the late resolves of the continen- 
tal congress on that subject, and brought info any port or district 
within this province, and thereupon came to the following resolu- 
tions, to wit : 

Resolved, That a court of admiralty be established for the trial of 
such captures and seizures, with full power to take cognizance of 
all libels on account of such captures and seizures, and to pro- 
ceed to a final determination and decree thereupon. Which 
court shall consist of a judge to hear and determine, a regis- 
ter to record the proceedings, and a marshal to call the said court 
and execute the several processes thereof ; the said judge be 
nominated and commissioned by the convention, or in the re- 
cess thereof, to be nominated and commissioned by the council of 
safety for the time being; and the said register and marshal to be 
nominated and appointed by the judge of the said court; the com- 
mission of the said judge, and the nomination and appointment of 
the said register and marshal, to be during the will and pleasure of 
the convention for the time being; the process and form of pro- 
ceeding to be as usual in the courts of admiralty : but if either 
libellant or defendant, or any controverted material fact between 
them, demand a trial of the said fact by a jury, in such case shall 
order and direct the marshal to summon out of the neigborhood 
where the court is held, a jury of freeholders to find and say the 
truth of the said fact on oath, and upon the verdict of the said jury, 
shall pronounce his decree accordingly : the final determination 
and decree of the said judge to be subject to such appeal, and in 
such manner, as recommended in the resolutions aforesaid of the 
congress. The fees for proceedings in this court to be the same 
with the fees heretofore allowed the court of admiralty by an act 
passed in 1763, entitled, "An act for amending the staple of tobac- 
co, &.C." the said fees to be paid in money at the rate of 12s. 6d. 
common money per hundred ; and the allowances to juries and wit- 
nesses to be the same as heretofore made to juries and witnesses in 
the common law county courts of this province. This court to be 
held at such place as the judge shall think convenient for the trial 
of such captures and seizures as are or shall be made as aforesaid. 
William Hayward, Esq. was unanimously elected judge of the 
said court of admiralty. 

The committee for that purpose appointed, bring in a passport 
for his excellency governor Eden, and a draught of a letter to the 
committee of safety of Virginia, which was read and agreed to- 
Adjourned till 3 o'clock. 



156 'PROCEEDINGS OF THE CONVENTION [1776. 

POST MERIDIEM. 

Met according to adjournment. 

Whereas his Britannic majesty King George has prosecuted, and 
still prosecutes, a cruel and unjust war against the British Colonies 
in America, and has acceded to acts of parliament, declaring the 
people of the said colonies in actual rebellion: and whereas the 
good people of this province have taken up arms to defend their 
rights and liberties, and to repel the hostilities carrying on against 
them, and whilst engaged in such a contest, cannot, with any sin- 
cerity or devotion of hea,rt, pray for the success of his majesty's 
arms ; therefore T^eso/i'tf/, That every prayer and petition for the 
king's majesty, in the book of common prayer and adtninislration 
of the sacraments and other rites and ceremonies of the church, 
according to the use of the church of England, except the second 
collect for the king in the communion service, be henceforth omit- 
ted in all churches and chapels in this province, until our unhappy 
differences are ended. 

On reading a second time the report from the committee to 
whom the memorial of the officers of the battalion of regulars was 
referred, the convention took the same into consideration, and 
thereupon Resolved, That it will be most conducive to the public 
service, that the council of safety be at liberty to prefer such per- 
sons, as shall appear to them to be most meritorious, in which 
promotions the convention doubt not the council will give a pro- 
per attention to justice. 

That as the contract for furnishing the troops with rations in- 
cludes the officers, as well as privates, and the emoluments of the 
contractor being to arise upon his furnishing the rations in specie, 
the officers cannot be allowed the alternative of receiving the ra- 
tion or cash, during the subsistence of the present contract, with- 
out a breach thereof on the part of the public. 

That no person or persons shall, after the first day of June 
next, deal or barter with any private soldier, knowing him to be 
such, without the license in writing of the colonel or major of the 
battalion, or captain, or commanding officer for the time being, of 
the company or party to which such soldier shall belong, under the 
penalty of such sum, not exceeding fifty shillings common money, as 
shall be adjudged by the committee of observation for the county 
where such soldier shall be stationed, or where the offender shall re- 
side. And that upon complaint of the colonel, major, captain, or 
other commanding officer, as aforesaid, to such committee, of any 
breach of this resolve, the said committee shall have power to call the 



1776.] OF THE PROVINCE OF MARYLAND. 157 

offender before them, and, upon inquiry into the complaint and 
conviction of the offender, to impose such fine upon him or her, as 
in their discretion they shall adjudge, not exceeding the said sum 
of fifty shillings. And, upon non-payment thereof may, by war^ 
rant under their hands, empower any person they shall judge proper 
to levy the same, by distress and sale of the goods of the offender; 
which fine, when so levied, shall be paid into the hands of the 
captain or commanding officer for the time being of thp company 
or party to which such soldier shall belong, and by him paid to the 
treasurer of that shore where the offence shall be committed. 

That a court martial shall be empowered to punish theft, com- 
mitted by any soldier enlisted in the service of this province, by 
fine, not exceeding forty shillings common money, or by whipping 
on the bare back, not exceeding thirity-nine lashes for any one of- 
fence, at the discretion of such court martial. 

On motion, Resolved, That it be recommended to the commit- 
tees of observation to require the owners of cattle kept on the 
islands, where they may think such cattle will probably otherwise fall 
into the hands of the enemy, to remove such cattle and afford them 
the necessary assistance to do the same. 

The convention took into consideration the report from the com- 
mittee appointed to consider the expediency of exempting the 
masters and scholars of the public and private schools from at- 
tending musters, and thereupon Resolved, That the masters and 
scholars of the several schools, both public and private, in the pro- 
vince of Maryland, except the masters and scholars of the free- 
school at Chestertown in Kent county, shall hereafter be exempted 
from exercising either in the several militia companies, wherein 
they are or may be enrolled, or in battalion upon battalion days, 
and instead thereof shall exercise in companies, whereof the mas- 
ters and tutors shall act as ofllcers, at least once every week. It 
being the sense of this convention, that the masters and scholars 
shall be exempted from exercising with the militia, but that no 
master or scholar, between the ages of sixteen and fifty, shall be 
exempted from enrolling in the militia, and, upon an alarm, march- 
ing with the respective companies, in which they now are, or 
may be enrolled. 

On reading a second time the report from the committee appointed 
to consider and report proper alterations and additions to the re- 
solves of convention, for erecting a powder mill, and for examina- 
tion of the accounts of the supervisors of the public salt-petre 
works, the convention took the same into consideration, and camef 
to the following resolutions thereon. 



158 PROCEEDINGS OF THE CONVENTION [1776. 

Whereas, at a convention held at Annapolis the 26th day of July 
last, it was Resolved, That a sum not exceeding one thousand 
pounds, common money should be appropriated for erecting and 
workinor a powder mill, on the account of ihis province. And, by a 
resolution of the last session of convention, the council of safety 
were empowered to advance on loan for two years without inter- 
est, on bond with good security, any part of the said one thousand 
pounds to such person or persons as would undertake and give 
good security for erecting and working a powder mill, on the terms 
in the same resolution mentioned ; the same powder mill to be erect- 
ed within fourteen and not less than six miles from Baltimore town ; 
but no contract having been yet made for erecting a powder mill 
in this province, owing in some measure to the limitation of the 
distance from Baltimore town, within which the said powder mill 
is directed to be built, and because it is hoped and expected that a 
greater quantity of salt-petre will be manufactured in this province 
than can be made into gunpowder at one mill, and one mill cannot 
make a sufficient quantity of gunpowder for the use of the inhabi- 
tants of this province ; it is therefore Resolved, That the said one 
thousand pounds, or any part thereof that may be necessary, be appli- 
ed and expended by the council of safety for the time being, in erect- 
inw and working a powder mill within this province, on account of 
the public. And that a sum of money not exceeding £500 be ad- 
vanced by the council of safety for the time being, to any person 
who will undertake and give security for erecting a powder mill 
at any place within this province, which shall be thought proper by 
the council of safety, on the terms of the said resolution of the last 
session of convention. And to encourage and induce the good 
people of this province to make crude nitre, it is Resolved, That 
to every person who will carry in and deliver at the said public 
powder mill, within one year next after the same shall begin to 
work, any quantity of good crude nitre manufactured within this 
province, there shall be delivered good gunpowder, after the rate 
of three quarters of a pound of powder for one pound of good 
crude nitre. 

That instead of the two shillings per pound, directed to be paid by 
the supervisors of salt-petre works, to private persons manufactur- 
inor and delivering crude nitre, there be allowed and paid, after the 
rate of three shilings and nine pence for every pound of good crude 
nitre so manufactured and delivered. 

And whereas the several supervisors of the public salt-petre 
works, except those of Kent, Queen Anne's, Prince George's, and 
Calvert counties, have omitted to lay their accounts before this 



1776.] OF THE PROVINCE OF MARYLAND- J 59 

convention, it is Resolved, That the examination of such accounts 
lay over to the next session of convention, and that the supervi- 
sors be, and they are hereby directed to lay a full state of their ac- 
counts, and the success of the works under their care, before this 
convention at their next sitting. 

The convention took into their consideration a report from the 
committee appointed to receive proposals relative to the establish- 
ment of manufactories within this province, and thereupon Resolv- 
ed, That the sum of three hundred pounds common money, with- 
out interest till the first day of May next, be advanced to Alexan- 
der M'Fadon, of Georgetown, in Frederick county, he giving bond 
with good security, to make a return or payment thereof in good 
linen, of such quality as this or a future convention, or in their re- 
cess, the council of safety of this province shall and may order and di- 
rect, in the proportions and at the times following, to wit: one third 
part thereof on or before the first day of November next, and the 
remainder on or before the first day of May ensuing, at such rates 
and prices as may be allowed by the said convention, or the council 
of safety, in the recess thereof. 

Resolved, That the council of safety of this province be empow- 
ered to advance to Edward Parker of Cecil county, any sum of 
money not exceeding three hundred pounds common money, on 
his complying with his former contract, on the terms and condi- 
tions, and for the purposes in his said former contract mentioned, 
so long and as often as the said council of safety shall conceive the 
public exigencies shall require the same 

On reading a second time the report from the committee appointed 
to devise ways and means for the establishment of a paper manufac- 
tory, the convention took the same into consideration, and thereup- 
on. Resolved, That the sum of four hundred pounds common money, 
be advanced to James Dorsett of Baltimore county, he giving bond 
with sufficient security, to repay the same within two years without 
interest, either in cash, or writing or cartridge paper, or in such pro- 
portions of each as this or a future convention, or council of safety 
in their recess, shall direct and order, that is to say, one third part 
thereof within twelve months, and the other two-thirds within two 
years from the date of said bond ; he at the same time engaging to 
build a mill for that purpose within six months from the date of his 
said contract, and to sell to the inhabitants of this province any 
kind of paper which he may make, as cheap as the same can or 
shall be sold at any mill in the province of Pennsylvania. 

Edward Lloyd of Talbot county, Barnaby Egan and Basil Brooke, 
jun., of Calvert county, William Farris and John Brewer of Anne 



160 PROCEEDINGS OF THE CONVENTION [me. 

Arundel county, and George French and Joshua Tesstill of Fred- 
erick county, have applied to this convention to be relieved from 
the fine assessed on them respectively for not enrolling, and this 
convention not having time now fully to examine into the merits of 
the several applications, Resolved, That the committee forbear to 
levy the said fines until the end of the next session of convention, 
and to stay all further proceedings therein. 

On motion, Resolved, That a pay-master be appointed for the 
eastern shore, and that he be allowed the sum of twelve dollars per 
month for executing the said office. 

Resolved, That the said pay-master, before he enter upon the 
execution of his office, give bond with sufficient security, in the 
sum of five thousand pounds current money, payable to the hon- 
orable Matthew Tilghman and James Lloyd Chamberlaine, esqrs., 
for the due execution of his said office. 

Resolved, That the sum of twelve dollars per month be from 
henceforth deducted from the salary of the pay-master of the west- 
ern shore. 

Mr. Robert Lloyd Nicols was elected by ballot to the said office 
of paymaster for the eastern shore. 

Whereas, it is highly necessary that regular and methodical ac- 
counts of all public monies should be kept, that the due expenditure 
thereof may tt all times be readily evinced, it is Resolved, That a com- 
mittee or board of two persons be appointed, who shall and may, in 
the recess of convention, cause a set of books to be opened, and 
proper accounts to be raised, entered and made up, of the expendi- 
ture, loan, or other disposition, of all public moneys by or under 
the authority of convention ; and for that purpose, that the said 
committee, or board, be empowerd to appoint and employ a skilful 
accountant. Each of the said two persons to be allowed fourteen 
shillings for every day he shall be employed in the service afore- 
said, and the said accountant to be allowed and paid such reasona- 
ble reward, as the said committee, or board, shall agree for with 
him. 

Mr. Ringgold and Mr. Richardson were elected by ballot to com- 
pose the said board. 

It is declared, that the captain of the company of light infantry, 
having an elder commission, is entitled to and hath precedence of 
any captain having a commission of a later date. 

The convention having on motion, considered the situation of 
the officers and privates of captains Barnes' and Elliott's compa- 
nies of militia, in Kent island, do Resolve, That the said compa- 
nies be not hereafter obliged to join in battalion off the said island, 



1776.] OF THE PROVINCE OF MARYLAND. 161 

unless when the public service may require, that they should march 
to some other part of this province, any thing in the proceedings 
of the last convention, or the committee of observation for Queen 
Anne's county notwithstanding. 

Resolved, That the said two companies meet and exercise to- 
gether at such times and places, on the said island, as the field of- 
ficers of the battalion to which they belong shall appoint, not of- 
tener than once in every week, nor seldomer than once in every 
two months, the day of their exercising together being accounted 
as the day of exercise for the week. 

Resolved, That captain George Noble Sweat's company of mili- 
tia, in Queen Anne's county, be added to the twentieth battalion of 
militia of this province. 

On motion. Resolved, That all petitions, applications and reports 
to convention this present session, and all petitions, applications, 
and reports to convention in their last session, whereon no final 
order hath been made, be referred for consideration to the next ses- 
sion of convention. 

On motion, Resolved, That nine persons, five of whom residing 
on the western, and four on the eastern shore, be elected by ballot 
a council of safety, and be and continue such until the end of the 
next session of convention ; and that until that time, they, or any 
four of them, having taken the oath prescribed to be taken by the 
council of safety, by a resolution of the last session of convention, 
shall have and exercise the like and same powers, as the present 
council of safety had or might exercise under the resolutions of 
the last session of convention, from the time of their appointment 
until the end of this session. 

The ballots being accordingly taken, Daniel of St. Thomas Jeni- 
fer, Charles Carroll, barrister, John Hall, Benjamin Rumsey, and 
George Plater, Esquires, of the western shore, and James Tilgh- 
man, Thomas Smyth, Thomas Bedingfield Hands, and William 
Hayward, Esquires, of the eastern shore, appeared to be and were 
declared duly elected. 

Resolved, That each member of the council of safety be allowed 
and paid fourteen shillings common money, out of the treasury of 
this province, for every day such member shall sit, or be absent from 
home on public business. 

The journal of accounts was read and assented to. 

Ordered, That the treasurer of the western shore pay the several 
sums allowed in the same. 

Ordered, That James Hollyday and Jeremiah Townley Chase, 
esqrs., revise the journal of the proceedings of this convention. 
21 



162 PROCEEDINGS OF THE CONVENTION. [1776. 

The convention adjourns till the first Monday in August next, 
to sit at this place, but the council of safety may convene the con- 
vention at any other time or place, if they shall judge it necessary. 
Signed by order of the convention, 

GABRIEL DUVALL, clerk. 



N 



PROCEEDINGS OF THE CONVENTION 



PROVINCE OF MARYLAND, 

HELD AT 

The City of Annapolis, on Friday, the twenty-first of June, 

1776. 



1776.] 



PROCEEIDNGS OF THE CONVENTION. 



165 



At a convention of Delegates for the province of Maryland, at 
the city of Annapolis, on Friday the 21st June, 1776, 

PRESENT, 

The honorable MATTHEW TILGHMAN, Esq., President. 



For St. Mary's county. 
Richard Barnes, 
George Plater, 
Athanasius Ford. 

Charles. 
Robert T. Hooe, 
Joseph H. Harrison. 

Calcert. 
Alexander Somerville, 
Edward Gantt, 
Patrick Sim Smith, 
William Allein. 

Prince George's. 
Joseph Sim, 
Thomas Contee. 

Anne Arundel. 
Charles Carroll, barrister, 
Thomas Johnson, jr. 
Samuel Chase. 
Frederick. Lower district. 
Henry Griffith. 

Middle. 
Charles Beatty, 
Baker Johnson. 

Upper. 
John StulU 
William Baird. 

Harford. 
Thomas Bond, 
Richard Dallam. 



Baltimore. 
Jeremiah T. Chase. 
Kent. 
Robert Buchanan, 
P. Letherbury, 
Emory Sudler, 
William Sluby. 

Queen Anne's. 
James Hollyday, 
Turbutt Wright, 
Richard T. Earle, 
James Tilghman, 

Talbot. 
Nicholas Thomas, 
Pollard Edmondson. 
Dorchester. 
Robert Goldsborough, 
Henry Hooper, 
James Murray, 
W. Ennalls. 

Caroline. 
William Richardson, 
Richard Mason. 

Somerset. 
George Dasheill, 
Gustavus Scott, 
Peter Waters. 

Worcester. 
Peter Chaille, 
Samuel Handy, 



Joseph Dasheill. 

A letter from the president of the congress, together with reso- 
lutions of the 1st, 3d, and 4th of June, were laid before the con- 
vention and read. 

Ordered, That the same be referred to a &ornmittee, to report 



166 PROCEEDINGS OF THE CONVENTION [1776. 

their opinion thereon, and Mr. T. Johnson, Mr. Hollyday, Mr. 
S. Chase, Mr. Goldsborough, and Mr. Plater, were elected by bal- 
lot a committee for that purpose. 

A memorial from John Weston of Baltimore county was read 
and ordered to lie on the table. 

On motion, Resolved, That the president of the convention in- 
form the deputies of this province in congress, that their attend- 
ance in convention is desired ; and that they move congress for 
permission to attend here, but that they do not leave the congress 
without such permission, and without first having obtained an or- 
der that the consideration of the questions of independence, for- 
eign alliance, and a further confederation of the colonies shall be 
postponed until deputies from this province can attend congress, 
which shall be as soon as possible. 

Adjourned till 4 o'clock. 

POST MERIDIEM. 

Convention met. Mr. Veazey, Mr. Gilpin, Mr. Ewing, Mr. 
Thompson, Mr. Beall, Mr. Lloyd, and Mr. Jordan, appeared in the 
house. 

A petition from William Hindman, treasurer of the eastern shore, 
was read and ordered to lie on the table. 

A petition from Barton Tabbs, of Calvert county, praying an ex- 
emption from mustering, which was read a first and second time : 
Resolved, That the same be rejected. 

On reading a second time the petition from William Hindman, 
treasurer of the eastern shore. Resolved, That Alexander Irvine, 
and Charles Irvine of Talbot county, be added to the signers of 
bills of credit. 

Convention adjourns till to-morrow morning, 9 o'clock. 

SATURDAY, June 22, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Sluby. The proceedings of yesterday were retid. Mr. Ring- 
gold appeared in the house. 

A petition from Michael Cocendofcr of Frederick county, for 
three hundred pounds, to enable him to carry on a stocking manu- 
factory, was read and ordered to lie on the table. 

Convention adjourns till Monday morning, 9 o'clock. 

MONDAY, June 24, 1776. 

Convention met. All members present as on Saturday. The 
proceedings of Saturday were read. Mr. Tolley, Mr. Love, Mr. 



1776.] 



OF THE PROVINCE OF MARYLAND. 



167 



Thomas Wright, Mr. Carroll of Carollton, Mr. Reeder, and Mr. 

Hawkins, appeared in the house. 

On motion. Resolved, That the council of safety be requested to 
lay before the convention the names of the several persons to whom 
passports have been granted to depart this province. 

A petition from John M'Fadon of Baltimore town, for a sum 
of money for the purpose of carryin.r on a linen manuRictory ; and 
a petition from William Wright, sheriff of Queen Ann's county, 
were read and ordered lo lie on the table. 

On motion, Resolved, That no passport to leave America be 
granted by the council of safety to any person not an inhabitant of 
this province, unless such person produce a passport fiom the as- 
semb'y, convention, committee, or council of safety, of the colony 
where such person did last reside. 

On motion, Resolved, That the council of safety be directed to 
grant a passport to Matthew Brown, Esq. to depart this province. 

Ordered, That the clerk write to the several absent members, re- 
quiring their immediate attendance in convention. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. Mackall appeared in the house. 

The committee for that purpose appointed, bring in and deliver 
to Mr. President a report on the resolutions of congress of the 
third day of this instant, which was read and ordered to lie on the 
table. 

On motion. Resolved, That all questions be determined by a ma- 
jority of members. 

The yeas and nays being required on the above question, they 
were as follow : 

FOR THE AFFIRMATIVE. 



For St.. Mary's 


county. 




Calvert county. 




Mr. Jordan 




aff. 


Mr. Mackall 


afr. 


Mr. Barnes 




aff. 


Mr. Soraerville 


aff. 


Mr. Plater 




aflf. 


Mr. Gantt 


aff. 


Mr. Reeder 




afT. 


Mr. Smith 


aff 


Mr. Ford 




aff. 


Mr. Allein 


aff 


Charles county. 




Prince George's county. 




Mr. Hawkins 




aff. 


Mr. Sim 


aff. 


Mr. Hooe 




aff. 


Mr. Beall 


aff. 


M. J. H. Harrison 




aff. 


Mr. Contee 


aff. 



168 



PROCEEDINGS OF THE CONVENTION 



[1776. 



Anne Arundel county. 




Mr. Beatty 


aff. 


Mr. Carroll, barrister 


aff. 


Mr. B. Johnson 


aff. 


Mr. T. Johnson 


aff. 


Mr. Baird 


aff. 


Mr. S. Chase 


air. 


Harford County. 




Mr. Carroll of Carrollton, 


aff. 


Mr. Bond 


aff 


Frederick County, 




Mr. Love 


aff. 


Mr. Griffith 


aff. 


Mr. Dallam 


aff. 


FOR THE NEGATIVE. 




Queen Anne's County. 




Mr. Hooper 


neg. 


Mr. Hollyday 


neg. 


Somerset County. 




Mr. Tur. Wright 


neg. 


Mr. G. Dashiell 


neg. 


Mr. Tho. Wright 


neg. 


Mr. Scott 


neg. 


Mr. Earle 


aff. 


Mr. Waters 


neg. 


Mr. J. Tilghman 


neg. 


Worcester County. 




Dorchester County. 




Mr. Chaille 


neg. 


Mr. Goldsborough 


neg. 


Mr. Handy 


neg. 


Mr. Murray 


neg. 


Mr. J. Dashiell 


aff. 




DIVIDED. 




Cecil county. 




Mr. Sudler 


neg. 


Mr. Veazey 


neg. 


Mr. Ringgold 


aff. 


Mr. Gilpin 


aff. 


Talbot county. 




Mr. Thompson 


neg. 


Hon. Mr. Tilghman, Esq. 


aff. 


Mr. Ewing 


aff 


Mr. Thomas 


neg. 


Kent county. 




Mr. Edmondson 


neg. 


Mr. Buchanan 


neg. 


Mr. Lloyd 


aff. 


Mr. Letherbury 


atT. 







On motion, Resolved, That the yeas and nays be taken and en- 
tered on the journal, if required by any one of the delegates. 

M. Chamberlaine, Mr. Potter, Mr. Dickinson, and Mr.Moale, 
appeared in the house. 

The letters of captain Montagu, and of Robert Eden, Esq. of 
this day, to the council of safety, were laid before the convention, 
and on consideration thereof Resloved unanimously, That the said 
captain Montagu, by detaining several servants belonging to the 
inhabitants of this province, and by refusing to deliver up a soldier 
who deserted from the service of this colony, hath violated the truce 
and acted in manifest violation of his promise to preserve the same 
sacred. 

Ordered, That the commanding officer do not permit any bag- 
gage or effects belonging to R.obert Eden, Esq. or any other per- 
son on board the Fowey, to be carried on board the said ship ; and 
to take care that all communication with the said ship immediate- 
ly cease. 



1776.] OF THE PROVINCE OF MARYLAND. 169 

Ordered, That the letters of captain Montagu to Robert Eden 
Esq. of yesterday, and the several letters from the council of safe- 
ty, of this day, to captain Montagu and Robert Eden, Esq. and 
their answers, together with the above resolve and order, be im- 
mediately published. 

Ordered, That the ship Defence and her tender immediately pro- 
ceed down the Bay, and prevent, as far as possible, any plunder be- 
ing committed by the captain of the Fovvey ; but it is the opinion 
of this convention, that she should not attack the said ship. 

Convention adjourns till to-morrow morning at 9 o'clock. 

TUESDAY, June 25, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Rumsey and Mr. Currer 
appeared in the house. 

On motion. Resolved^ That a committee be appointed to exam- 
ine and adjust the several claims on the treasury ; and that Mr. 
Earle, Mr. Contee, Mr. Tolley, Mr. Hooe, and Chamberlaine, be a 
committee for that purpose. 

Ordered, That the debates and proceedings of this convention 
be public, unless in cases where it shall be otherwise directed. 

The convention being informed, that writs of election have been 
issued in the name of the proprietary, for the election of delegates 
in assembly. Resolved, That the said writs be not obeyed, and that 
no election be made in consequence thereof. 

Mr. John Courts Jones was appointed assistant clerk to the con- 
vention. Ordered, That he qualify himself as such, by taking the 
oath-directed to be taken by the clerk. 

On motion. Resolved, That the council of safety contract for the 
building, fitting out, and equipping, with all expedition, seven row 
gallies, of such construction and force as ihey may think most pro- 
per, and at the public expense, instead of the seven gondolas direct- 
ed to be built by resolutions of this convention in the last session 
thereof. 

On motion, Resolved, That the council of safety immediately or- 
der detachments of the militia to such convenient posts as may 
be judged necessary to prevent any communication with the Fowey 
man of war. 

On motion, Resolved, That a committee be appointed to report 
on the establishment of manufactories ; and that Mr. Gilpin, Mr. 
Earle, Mr. Ewing, Mr. Beall, and Mr. Letherbury, be a commit- 
tee for that purpose. 
22 



170 PROCEEDINGS OF THE CONVENTION [1776' 

A memorial from George Wells of Baltimore town, ship carpen- 
ter, was read and ordered to be referred to the committee of claims. 
Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

A certificate of the qualification of Mr. Jones was produced and 
filed. 

The convention took into their consideration the report on the 
resolutions of congress of the third day of this instant, and there- 
upon came to the following resolutions: 

Resolved unanimously, That this province will furnish 3405 of its 
militia, to form a flying camp, and to act with the militia of Pensyl- 
vania and the Delaware government in the middle department; that 
is to say, from this province to New York inclusive, according to 
the request of the congiess in their resolutions of the 3d day of 
this instant June. 

That for that purpose four battalions be instantly raised, each of 
them to consist of nine companies, and each company to consist 
of ninety men, to wit. One captain, two lieutenants, one ensign, 
four sergeants, four corporals, one drummer, one fifer, and seventy- 
six privates; each of the said battalions to be commanded by one 
colonel, one lieutenant-colonel, and one major; and that to each 
battalion there be allowed a quarter master, an adjutant, a surgeon, 
and two assistants; and that over and above the said battalions, 
there be also instantly raised one other company, to consist of one 
captain, three lieutenants, four sergeants, four corporals, one drum- 
mer, one fifer, and ninety-six privates; and that the whole of the 
said militia so to be raised be commanded by a brigadier-general, 
who shall have the appointment of a brigade-major. 

That warrants immediately issue to such persons as shall be ap- 
pointed by this convention to take the enrollments of the said non- 
commissioned officers and privates ; which enrollments shall be 
made up of those who shall voluntarily offer themselves for the said 
service, and subscribe an enrollment in the following words, to 
wit. " We the subscribers, do hereby enroll ourselves to serve as 
militia of Maryland in the middle department, that is to say, from 
this province to New-York inclusive, until the first day of De- 
cember next, unless sooner discharged by the honourable congress 
according to the resolutions of the convention of Maryland, held 
at Annapolis the 21st day of June, 1776." 

That the said warrants be in the following form, to wit. 



1776.] OF THE PROVINCE OF MARYLAND. 171 

By the convention of Maryland, Juue 25, 1776. 

You are empowered to enroll efTective freemen, to 

act as militia of this province in the middle department according 
to the resolutions of this convention, and the form of enrollment 
herewith delivered to you ; on your doing which, and their passing as 
effective, you are to be entitled to and shall receive a commission 
as captain, as first-lieutenant, or second-lieutenant, or ensign, as 
the case may be, of a company to be composed partly of those 
you enroll. MATTHEW TILGHMAN, president. 

To of county. 

That thirty men be expressed in the warrant to a captain, twenty 
men in the warrant to each of the lieutenants, and sixteen men in 
the warrant to the ensign of the said companies. 

That all enrollments be returned to the convention or council of 
safety as soon as filled up, or if not completed by the twentieth 
day of July at the farthest; and if any of 'those to whom warrants 
shall be directed cannot enroll the full number of efiective freemen 
by that day, the convention if sitting will, or the council of safety 
in the recess of convention shall, issue a commission to the person 
to whom the warrant shall have been directed, or to any other per- 
son as may best promote and forward the service ; but a commission 
shall issue of course in every case where the full number shall be 
enrolled according to the warrant : 

That none of the said militia be compelled to serve out of the 
said limits, or beyond the said first day of December next, and during 
the time of their service shall be under the command of the gen- 
eral officer, as such, who shall be appointed by the congress, and 
shall be subject and liable to the rules and regulations already pro- 
vided by this convention for the government of the militia when 
called into actual service, and no other. 

That as camp kettles cannot be had, the said militia be supplied 
with 850 small iron pots or kettles with bales, at the expense of 
this province, and that they be also furnished with cartouch boxes, 
and as far as may be, with tents. 

That such of the militia who have effective firelocks use the same; 
that such of them as have firelocks not effective, but that may be 
made so by small repairs, have such repairs done at the expense 
of this province, and use their own firelocks, and those who have 
not sufficient firelocks be furnished by the council of safety, out of 
the arms now belonging to, or that shall be procured for the use of 
the public, and by the committee of observation in the respective 
county where they enlist, out of the arms in their keeping delivered 
in by or taken from those who have not subscribed the association. 



172 PROCEEDINGS OF THE CONVENTION [1776. 

or have not enrolled in the militia, so far as such arms will extend 
and the deficiency shall be made up by borrowing the firelocks of 
such of the militia as will lend on the public faith, which is hereby 
pledged to return the same in the like order as received, or in case 
of loss, the value thereof. And all firelocks so lent, shall be valu* 
ed by to freeholders, and a certificate given to the owner by the 
officers who enrolled the men supplied therewiih, of the recept 
and value of the same arms. 

That all arms so furnished by the council of safety, or committee 
of observation, or lent as aforesaid, as well as the tents, cartouch 
boxes, kettles and pots, shall be carefully preserved and returned, 
and if any shall not be returned from gross negligence, the cap- 
tain of the company where such negligence shall be sutlered, shall 
be answerable to the public for the loss, and the immediate delin- 
quent to the captain. 

That the council of safety in the recess of convention direct the 
formation of the companies in battalions, and appoint what com- 
panies shall compose such battalions. 

That for ascertaing the rank of the captains, lieutenants and en- 
signs of the said companies, commissions shall issue by the con- 
vention or council of safety, and be dated of the day such captain, 
lieutenant, or ensign shall have enrolled the number of men ex- 
pressed in his warrant; and rank as between officers of equal de- 
gree, shall take place according to such date ; but where there shall 
be enrollments completed on the same day by officers of the same 
degree, the rank shall be settled by ballot between such officers, 
and the commissions marked accordingly. 

That on the issuing of the warrants or granting commissions as 
aforesaid, there be paid by the treasurer of the shore where such 
person resides, on producing an order from the council of safety, 
the sum of £69 15 to each captain, £46 10 to each lieutenant, 
and dE37 5 to every ensign, out of the bills of credit, to be ad- 
vanced to the non-commissioned officers and privates in part of 
their wages, at the discretion of the officer, who shall be answerable 
for, and accountable to this province for the money advanced as 
aforesaid. 

That as some of the militia may be under contracts to perform 
particular services by the year, month, or other time, any such who 
shall enroll as aforesaid, shall be entitled to their wages for the time 
they shall have continued in the service of their employer in con- 
sequence of such contract, in proportion to the time they shall have 
served. 

That the several companies shall be mustered and passed by 



1776.] OF THE PROVINCE OF MARYLAND. 173 

some one of the field officers of the county where such company 
shall be raised, and the captain shall ratinri two copies of his mus- 
ter roll, certified by the field oflicer who musters the men, to the 
council of safety, who shall transmit one of the copies to the con- 
gress. 

A letter from captain Montagu, of the Fowey ship of war, of 
this day, to tlie president of the council of safety, was laid before 
the convention and read. Thereupon it is ordered, that the presi- 
dent of the council of safety be directed to write a letter to captain 
Montagu, in the following words, to wit : 

In Council of Safety, 25th June, 1776. 

Sir — By command of the council of safety I enclose you their 
resolution of yesterday, which expresses the occasion of discon- 
tinuing an intercourse with the Fowey, which was wished and ex- 
pected to have ended more satisfactorily. Any measures that may 
be attempted for the ostensible cause of stopping the governor's 
baggage must properly be imputed 4o your breach of the truce, and 
will be resented in full proportion to the injury. 

Convention adjourns till to morrow morning, 9 o'clock. 

WEDNESDAY, June '2G, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. 

Ordered, That the small tender belonging to the Defence be sta- 
tioned between Greenbury's and Horn point, one armed boat 
between Tolley's and Horn point, and one other armed boat 
between Greenbury's and Hackett's point, to prevent any com- 
munication with the Fowey, and that the council of safety carry 
this order into execution. 

A petition from Turbutt Betton of Queen Anne's county, and a 
representation from Daniel Dulany of Annapolis, were read and 
ordered to lie on the table. 

The proceedings of the committee of observation for Anne 
Arundel county against William Yeldell, who had refused to sign 
the association, were laid before the convention and read, and on 
consideration thereof. Ordered, That the said William Yeldell give 
bond with such sureties as shall be approved of by the committee 
of Anne Arundel county, in the penalty of one hundred pounds 
current money, with condition agreeable to the resolve of the De- 
cember convention ; that he pay the charges of his imprisonment, 
and on payment and giving bond, be discharged. 

William Bishop was brought before the convention on suspicion 
of having been aiding and assisting in carrying Peter Craufurd and 
James M'Caskie on board the Fowey man of war, and upon in- 



174 PROCEEDINGS OF THE CONVENTION [1776. 

quiry it appearing that the said Bishop had been so aiding and 
assisting, it is Resolved, That the said Bishop give bond with 
security, payable to the president, in the sum of two hundred 
pounds common money, for his appearance at the next convention, 
and for his good behaviour in tlie mean time. 

Convention adjourns till to-morrow morning, 9 o'clock. 

THURSDAY, June 27, 1776. 

Convention met. All members present as on yesterday, except 
Mr. J. Tilghman, absent on account of the indisposition of one 
of his children. The proceedings of yesterday were read. 

A petition from Robert Long of Baltimore county, and a repre- 
sentation from John Clapham and William Eddis of the city of 
Annapolis, were read and ordered to lie on the table. 

Mr. Hall appeared in the house. 

On motion. Resolved, That the proportion of militia to be fur- 
nished by this province for the flying camp, be composed of one 
company from St. Mary's county, two companies from Charles, one 
from Calvert, three from Prince George's, five from Anne Arundel 
nine from Frederick, four from Baltimore, two from Harford, two 
from Cecil, two from Kent, two from Queen Anne's, one from Tal- 
bot, and two from Caroline, to consist of one captain, two lieuten- 
ants, one ensign, four sergeants, four corporals, one drummer, one 
fifer, and seventy-six privates; and one company from Dorchester 
county, to be composed of one captain, three lieutenants, four ser- 
geants, four corporals, one drummer, one fifer, and ninety-six pri- 
vates. 

The convention proceeded to the election of officers for the mi- 
litia to be raised for the flying camp. 

Mr. Thomas Johnson, jr., was elected brigadier-general to com- 
mand the said militia. 

For the battalion to be raised in Frederick county, Mr. Otho 
Holland Williams, colonel, Mr. Charles Greenbury Griffith, lieuten- 
ant-colonel, and Mr. Henry Shryock, major. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met, and resumed the election of officers. 

For the battalion to be raised on the eastern shore, Mr. James 
Kent was elected colonel, Mr. Joseph Earle, lieutenant-colonel, 
and Mr. William Hopewell, major. 

For the lower battalion to be raised on the western shore, Mr. 
John Dent was appointed colonel, Mr. John Addison lieutenant- 
colonel, and Mr. James Eden, major. 



1776.] OF THE PROVINCE OF MARYLAND. I75 

For the upper battalion, Mr. Josiali Carvil Hall, was elected co- 
lonel. 

Convention adjourns till to-moirovv morning, 9 o'clock. 

FRIDAY, June 28, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. 

On motion. Resolved, That the council of safety be directed to 
provide a magazine in some convenient place on the eastern shore, 
for the reception of warlike stores. 

On reading a letter from the committee of observation for Som- 
erset county, Ordered, That major Price take command of, and di- 
rect so many of the independent companies on the eastern shore 
to march immediately to the lower part of Somerset co'uuty, as he 
may think proper; and that if necessary, he be assisted with, and 
command such of the militia as shall be called on by a committee 
to be appointed by this convention ; that he proceed to disarm all 
such persons in that county as shall from good grounds appear to 
such committee to be disaffected, and to take into custody all such 
disaffected persons as shall be ordered by the said committee. 

Resolved, That George Plater and John Hall, esqrs., be a com- 
mittee, and repair as soon as maybe to Somerset county, and there 
take such measures as may unite that county with the other coun- 
ties of this province ; that they direct all persons who shall on good 
grounds appear to them to be disaffected, to be disarmed, and any 
disaffected persons to be taken into custody and sent to the coun- 
cil of safety, as they may think proper; that they have powers to 
make such regulations and orders as may in their judgment best 
secure obedience to the resolves of the convention, and peace and 
good order in that county; that major Price, the independent com- 
panies, and the militia, be subject to the control and orders of the 
said committee, and that they report their proceedings to the next 
convention. 

On reading a letter from captain James Hindman, Ordered, That 
James Dickinson, William Thomas, John Stevens, and Nicholas 
Martin, appear before this convention on Tuesday next, to answer 
for their conduct in carrying live stock on board the Fowey. 
Adjourned till 3 o'clock. 

POST MERIDIEM. 
Convention met. 

A memorial from the council of safety was read and ordered to 
lie on the table. 



176 PROCEEDINGS OF THE CONVENTION [1776. 

Mr. Gantt has leave of absence till Monday next. 

Resolved unanmuusly, That the instructions given by the conven- 
/ tion of December last (and renewed by the convention in May) to 
^ the deputies of this colony in congtess, be recalled, and the restric- 
tions therein contained removed ; that the deputies of this colony at- 
tending in congress, or a majority of them, or any three or more of 
them, be authorised and empowered to concur with the other united 
colonies, or a majority of them in declaring the united colonies free 
and independent states, in forming such further compact and con- 
federation between them, in making foreign alliances, and in adopt- 
inor such other measures as shall be adjudged necessary for secur- 
ing the liberties of America, and this colony will hold itstelf bound 
by the resolutions of a majority of the united colonies in the pre- 
mises: provided, the sole and exclusive right of regulating the in- 
ternal government and police of this colony be reserved to the peo- 
ple thereof. Mr. Sluby appeared in the house. 

Convention adjourns till to-morrow morning, 9 o'clock. 

SATURDAY, June 29, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Gantt. The proceedings of yesterday were read. 

On motion, Resolved, That the bills of credit issued by the con- 
gress and the conventions of this province, be received by the 
commissioners of the loan otlice in payment of any interest due to 
the said office. 

Ordered, That the above resolution be published in the Mary- 
land Gazette. 

The convention resumed the election of officers. Mr. William 
Hyde was elected lieutenant-colonel of the upper battalion on the 
western shore, and Dr. John Cradock major. 

For the company to be raised in St. Mary's county, Uriah For- 
rest was appointed captain, Wm. Bond, 1st lieutenant; Moses Tabbs 
2d lieutenant, and Edward Mattinly ensign. 

For the companies in Charles county, Thomas Hanson, captain; 
George Dent 3d, 1st lieutenant; Samuel Jones, 2d lieutenant; and 
William Adams, ensign. Belain Posey, captain ; Henry Boarman, 
1st lieutenant; John Forbes, 2d lieutenant; and Gerard Fowke, 
ensign. 

Calvert. John Brooke, captain ; Frederick Skinner, 1st lieu- 
tenant ; Nathaniel Wilson, 2d lieutenant, and James Somerville, 
ensign. 

Prince George's. John Hawkins Lowe, captain ; John Magru- 
der Burgess, 1st lieutenant; William Duvall, 2d lieutenant; and 



/ 



1776] OF THE PROVINCE OF MARYLAND. 177 

Horatio Clagett, ensign. Robert Bowie, captain; Benjamin Brooks, 
1st lieutenant -, William Dent Beall, 2d lieutenant; and Colmore 
Beans, ensign. Alexander Howard Magruder, captain ; William 
Sprigg Bowie, 1st lieutenant; Benjamin Contee, 2d lieutenant; 
and Alexander Truman, ensign. 

Anne Arundel county. Edward Norwood, captain ; Samuel God- 
man, 1st lieutenant; John W. Dorsey, 2d lieutenant ; and Richard 
Talbott, ensign. Edward Tillard, captain ; Samuel Lloyd Chew, 
1st lieutenant ; John Sprigg Belt, 2d lieutenant; and John Gas- 
saway, ensign. Daniel Dorsey, captain; Joseph Burgess, 1st 
lieutenant; John Lorah, 2d lieutenant; and Michael Burgess, en- 
sign. James Disney, captain; Henry Ridgely, 1st lieutenant; 
Jonathan Sellman, 2d lieutenant; and Edward Spurrier, ensign. 
Thomas Hammond, captain; Thomas Mayo, 1st lieutenant ; Joshua 
Merriken, 2d lieutenant; and Andrew Hammond, ensign. 

Frederick. Lower district. Edward Burgess, captain ; John 
Gaither, 1st lieutenant ; Thaddeus Beall, 2d lieutenant; and Tho- 
mas Edmondson, ensign. Leonard Deakins, captain ; Thomas 
Nowland, 1st lieutenant; Elisha Williams, 2d lieutenant; and 
John Griffith, ensign. Benjamin Spyker, captain; Greenbury 
Gaither, 1st lieutenant; Richard Anderson, 2d lieutenant; and 
Nicholas, Scybert, ensign. 

Middle District. Philip Meroney, captain ; Elisha Beall, 1st 
lieutenant; John Hellen, 2d lieutenant; and William Beatty, jun., 
ensign. Jacob Good, captain ; John Baptist Thompson, 1st lieu- 
tenant; John Ghiselin, 2d lieutenant; and John Smith, ensiom. 
Peter Mantz, captain; Adam Groth, 1st lieutenant; Peter Adams, 
2d lieutenant; and John Richardson, ensign. 

Upper district. iEneas Campbell, captain; Clement Hollyday, 
1st lieutenant ; John Courts Jones, 2d lieutenant ; and David Lynn, 
ensign. John Reynolds, captain ; Moses Chapline, 1st lieutenant ; ^ 
Christian Orndorff, 2d lieutenant; and Nathan Williams, ensign. 
Henry Hardman, captain; Daniel Stull, 1st lieutenant ; Peter Con- 
tee Hanson, 2d lieutenant; and John Rench, ensign. 

Baltimore. Zachariali Maccubbin, captain ; Thomas Yates, 1st 
lieutenant, John Christie, 2d lieutenant; and Thomas Lingan, en- 
sign. John E. Howard, captain ; Thomas Lansdalc, 1st lieuten- 
ant ; William Riley, 2d lieutenant ; and Robert Morrow, ensign. 
John Stevenson, captain; Edward Oldham, 1st lieutenant; James 
Ogleby, 2d lieutenant; and Joseph Lewis, ensign. James Young, 
captain; James Bond, 1st lieutenant ; John Smith, 2d lieutenant; 
and James Tool, ensign. 

Harford. Aquila Paca, captain ; John Beedle Hall, 1st lieuten-. 
23 



178 PROCEEDINGS OF THE CONVENTION [1776. 

ant; Michael Gilbert, 2d lieutenant; and John Patterson, ensign. 
Bennet Bussey, captain ; Joshua Miles, 1st lieutenant ; Azahel 
Hitchcock, 2d lieutenant; andAquila Amos, ensign. 

Cecil. Joshua George, captain; William Veazey, 3d, 1st lieu- 
tenant; John Stockton, 2d lieutenant; and Richard Bird, ensign. 
Walter Alexander, captain; Andrew Porter, jun., 1st lieutenant; 
Harman Arrants, 2d lieutenant; and George Hamilton, ensign. 

Kent. Isaac Perkins, captain ; Abraham Falconer, 1st lieuten- 
ant, Jesse Cozden, 2d lieutenant; and James Henry, ensign. Tho- 
mas Smyth, captain; James Williamson, 1st lieutenant, Nathaniel 
Kinnard, 2d lieutenant ; and Josiah Johnson, ensign. 

Queen Anne's. John Dean, captain ; John Hawkins, 1st lieuten- 
ant ; John Neville, 2d lieutenant; and Samuel Earle, ensign. 
John Dames, captain; Thomas Lane Emory, 1st lieutenant; Saml. 
Wright Thomas, 2d lieutenant; and John Jackson, ensign. 

Talbot. Greenbury Goldsborough, captain ; Woolman Gibson, 
son of John, 1st lieutenant; John Thomas, jun., 2d lieutenant; 
and Perry Benson, of James, ensign. 

Caroline. Zabdiel Potter, captain ; Thomas Wyer Lockerman, 
1st lieutenant ; Levin Handy, 2d lieutenant ; and Philip Casson, 
ensign. Philip Fiddeman, captain; Henry Downes, jun., 1st lieu- 
tenant; John Reynolds, 2d lieutenant; and Thomas Mason, en* 
sign. 

Dorchester. Thomas Burk, captain ; Berkit Falcon, 1st lieuten- 
ant ; John Lynch, 2d lieutenant; and James Woolford Gray, 3d 
lieutenant. 

On motion, Resolved, That a committee be appointed to examine 
the accounts of the supervisors of salt-petre works, and report 
thereon ; and that Mr. T. Johnson, Mr. Rumsey, Mr. Ringgold 
Mr. Gilpin, Mr. Hooper, and Mr. Hooe, be a committee for that 
purpose. 

On motion. Resolved, That so much of the former resolutions of 
convention as directs or empowers the council of safety to contract 
for the building or working a powder mill on the public account, 
be repealed. 

On motion, Resolved, That the council of safety be authorised 
to advance the further sum of five thousand pounds to such per- 
sons as they shall think proper, for the purpose of purchasing good 
and effective fire arms, on the terms and agreeable to such orders 
as they may think will best procure the same. 

On reading and considering a memorial from Francis Baker of 
Talbot county, praying a remission of that part of the sentence 
pronounced against him by this convention in its session of De- 



1776.] OF THE PROVINCE OF MARYLAND. 179 

cember last, forbidding him "to offer himself for any office of trust," 
Resolved, That the same be granted. 

On motion, Resolved, That the council of safety be authorised 
to cause muskets found by the militia, or borrowed or purchased, 
without bayonets, iron ramrods, priming wires, brushes, belts, or 
scabbards, to be fitted therewith ; and to furnish each private with 
a cartridge box containing 23 rounds, six flints, one blanket, one 
knapsack, with a haversack, and a canteen or wooden bottle to 
hold one quart, and to give such orders as they may think will best 
furnish the militia with provisions and baggage waggons on their 
march. 

Adjourned till 4 o'clock. 

POST MERIDIEM. 

Convention met. 

Mr. Samuel Edmondson was elected quarter-master of the bat- 
talion of militia to be raised on the eastern shore. 

Mr. William Parran quarter-master of the lower battalion on the 
western shore, and Mr. Isaac Griest quarter-master of the upper 
battalion. 

The committee of claims bring in and deliver to Mr. President 
the following report, to wit : 

"Your committee of claims have examined the charter-parties, 
and other papers relative to the brig Fortune, the property of 
Messrs. Lux and Bowly, and the brig Rogers, chartered by Mr. 
George Woolsey, and are of opinion that an allowance be made to 
the former, for the demurrage of the brig Fortune, of three hun- 
dred and ninety-three pounds twelve shillings currency; and to the 
latter, for demurrage of the brig Rogers, four hundred and six 
pounds fifteen shillings and eight pence, currency. All which is 
submitted to the consideration of the honorable convention. 

"Signed per order, JOHxN JOHNSON, elk. com." 

Which was read and agreed to. 

Mr. Moale and Mr. Bond have leave of absence. 

Convention adjourns till Monday morning at 9 o'clock. 

MONDAY, July 1, 1776. 

Convention met. All members present as on Saturday, except 
Mr. Plater, Mr. Moale. Mr. Bond, Mr. Hooper, Mr. Lloyd, and Mr. 
Buchanan. The proceedings of Saturday were read. 

Ordered, That the committee of claims report to the convention 
the number and denominations of the bills of credit emitted by re- 
solutions of this convention in July last, which have been exchanged 
by the treasurers of this province, for bills of credit emitted by re- 



180 PROCEEDINGS OF THE CONVENTION [1776. 

solutions of this convention in December last ; also the unmber 
and the denominations of the former bills of credit now remaining 
in the hands of the said treasurers. 

Ordered, That 200 copies of the resolves of congress and of the 
resolutions of this convention, for raising militia for the flying camp, 
be immediately printed; and one copy delivered to each commis- 
sioned officer. 

Ordered, That the president transmit a copy of the resolutions 
of convention, for raising militia for the flying camp, to the con- 
gress, and request a copy of the last resolve of congress, respect- 
ing the pay of militia called into action, may be immediately trans- 
mitted to the convention or council of safety. 

On reading and considering the memorial of the council of safety 
relative to fortifying the harbor of the city of Annapolis, and it ap- 
pearing that cannon could not be procured, and that even if it 
could, the sum appropriated is not sufficient to erect such fortifica- 
tions and place such obstructions in the river as was expected by 
the convention. Resolved, That a sum not exceeding ten thousand 
pounds common money, exclusive of the cost of cannon, powder, 
gallies, and the like, be appropriated to the defence of the city of 
Annapolis ; and that the same, or so much thereof as may be neces- 
sary, be laid out and expended for that purpose, under the direc- 
tion and orders of the council of safety, in lieu of the said sum 
heretofore appropriated in the session of December. 

On motion, Resolved, That, for the encouragement of Daniel 
and Samuel Hughs to prosecute their cannon foundry with spirit 
and diligence, the council of safety be empowered, on their appli- 
cation, to lend and advance to them any sum not exceeding two 
thousand pounds common money, out of the public treasury, they 
giving bond with good security to invest and apply the same in 
prosecuting the said can-non foundery, and repaying the same into 
the public treasury by the 10th day of April next. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

Mr. Richard Thompson was elected quarter-master of the battal- 
ion of militia to be raised in Frederick county. 

A motion was made that the resolution passed the 25th day of 
June last, without debate, "for making all militia officers ineligible 
to any future convention," should be expunged : the previous ques- 
tion was called for and put, whether the above question be now 
put ? Resolved in the affirmative. The question was then put, that 



1776.] 



OF THE PROYINCE OF MARYLAND. 



171 



the resolution "for making all militia officers ineligible to a seat in 
convention," should be expunged ? Resolved in the affirmative. 

FOR THE AFFIRMATIVE. 



Mr. Jordan, 
Barnes, 
Reeder, 
Hawkins, 
Hooe, 

Carroll, barrister, 
T. Johnson, 
Carroll of Car. 
Beatty, 
B. Johnson, 
Tolley, 
J. T. Chase, 



Mr. Hall, 

Ramsey, 

Veazey, 

Gilpin, 

Thompson, 

Letherbury, 

Sluby, 

Ringgold, 

Hollyday, 

Th. Wright, 

Earle, 



Mr. Chamberlaine, 
Thomas, 
Potter, 
Richardson, 
Dickinson, 
Mason, 
G. Dashiell, 
Waters, 
Chaille, 
Handy, 
J. Dashiell. 



Mr. Ford, 

J. H. Harrison, 

Mackall, 

Somerville, 

Smith, 

Allein, 

Sim, 

Beall, 



FOR THE NEGATIVE. 

Mr. Contee, Mr. Currer, 



S. Chase, Siidler, 

Griffith, Tur. Wright, 

Stull, Edmondson, 

Baird, Goldsborough, 

Love, Murray, 

Dallam, W. Ennals, 

Ewing, Scott. 

On motion, the question was put, That if any field officer of the 
militia should be elected a member of the next convention, his 
commission shall thereupon be void.? carried in the negative. 
FOR THE NEGATIVE. 



Mr. 


Jordan, 


Mr. 


B. Johnson, 


Mr. 


Tho. Wright, 




Barnes, 




J. T. Chase, 




Earle, 




Reeder, 




Hall, 




Chamberlaine, 




Hooe, 




Veazey, 




Thomas, 




Mackall, 




Gilpin, 




Potter, 




Smith, 




Thompson, 




Dickinson, 




Carroll, barrister, 




Currer, 




G. Dashiell, 




T. Johnson, 




Letherbury, 




Waters, 




Carroll, of Carr. 




Sluby, 




Chaille, 




Realty, 




Ringgold, 




J. Dashiell. 




FOR THE AFFIRMATIVE. 


Mr. 


. Ford, 


Mr. 


Stull, 


Mr. 


Tur. Wright, 




Hawkins, 




Tolley, 




Edmondson 



182 PROCEEDINGS OF THE CONVENTION [1776. 

Mr. Harrison, Mr. Baird, Mr. Goldsborough, 

Somerville, Runisey, Murray, 

Alleiii, Love, Ennals, 

Sim, Dallam, Richardson, 

Beall, Ewing, Mason, 

Contee, Sudler, Scott, 

S.Chase, Hollyday, Handy. 

Griffith, 
A representation from Benedict Calvert of Prince George's coun- 
ty, was read and ordered to lie on the table. 

On reading a letter from Robert Lemmon to Saniuel Puiviance, 
jun., of Baltimore town, Ordered, That John Cockey Owens and 
Joshua Jones of Baltimore county, immediately attend this con- 
vention. 

Convention adjourns till to-morrow morning at 9 o'clock. 

TUESDAY, July 2, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Sudler. The proceedings of yesterday were read. 

On motion, Resolved, That a committtee be appointed to value 
the linen manufactured by Edward Parker of Cecil county, and de- 
livered to the commissary of stores for the use of the province ; and 
that Mr. Hooe, Mr. Gilpin, Mr. Ewing, Mr. Chamberlaine, and Mr. 
Contee, be a committee for that purpose. 

James Dickinson, William Thomas, John Stevens, and Nicholas 
Martin, according to an order of the 28th of June, appeared be- 
fore the convention, and upon enquiry into their conduct, it ap- 
pearing that only 12 sheep, 3 lambs, and 7 shoats were carried on 
boad the Fowey, as a present to governor Eden, before they had 
any knowledge of the truce having been broken ; it is therefore the 
opinion of this convention, that the said gentlemen were not in any 
degree criminal in going on board the Fowey with such live stock, 
and that they be discharged. 

On reading a resolution of the Virginia convention of the 3Ist 
day of May last. Resolved, That a committee be appointed to re- 
port proper resolutions in answer to the same ; and Mr. T. Johnson, 
Mr. Carroll, barrister, Mr. Hollyday, Mr. Goldsborough, and Mr. S. 
Chase, were elected by ballot a committee for that purpose. 

Mr. Moale appeared in the house. 

Convention adjourns till to-morrow morning at 9 o'clock. 



1776.] OF THE PROVINCE OF MARYLAND. 18-3 

WEDNESDAY, July 3, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Sudler. The proceedings of yesterday were read. Mr. Golds- 
borough and Mr. W. Ennalls have leave of absence. 

Ordered, That the council of safety be empowered to contract, 
if they think proper, for a number of copper kettles well bound with 
tin, instead of the iron pots mentioned in the resolutions of this 
convention on the 25th of June last. 

Edward Parker of Cecil county having brought in and deliverd 
to the commissary of stores, linen and thread manufactured in this 
colony to the amount of two hundred and sixteen pounds, in com- 
pliance with his contract entered into with this colony to repay 
three hundred pounds advanced him therein, and having also rep- 
resented that the residue of the said money lies partly in stock un- 
manufactured, or has been expended in erecting buildings to carry 
on the manufactory, so that he is totally unable, without the public 
assistance, to purchase a sufficient stock of hemp, flax and wool, 
to carry on the same to advantage, at a time when there is a proba- 
bility of buying the same at the cheapest rates ; Resolved, therefore, 
That the sum of one hundred and fifty pounds be now advanced to 
him as part of the three hundred pounds ordered to be advanced 
him on completion of his first contract, on the like terms and con- 
ditions as mentioned in a former resolve. 

Ordered, That the ship Defence and her tenders immediately pro- 
ceed to this place, and that the captain attend the convention or 
council of safety for further orders. 

Mr Beall brings in and delivers to Mr President, a report from 
the committee appointed to report on the establishment of manu- 
factories, which was read and ordered to lie on the table. 

On reading the petition of William Paris of the city of Annapo- 
lis and the report of a committee appointed by the last convention 
to examine into the facts stated therein, Resolved, That the said 
fire-arms of the said William Paris be restored to him, and that he 
be considered as fully enrolled as if he had done the same accord- 
ing to the resolves of convention. 

Mr. G. Dashiell has leave of absence. 

On reading and considering the petition of George Prench and 
Joshua Tesstil of Frederick county, Resolved, That the same be re- 
jected. 

Ordered, That a copy of the above resolution be sent to the 
committee of observation forthe middle district of Frederick county. 

Mr. Waters has leave of absence. 



184 PROCEEDINGS OF THE CONVENTION [1776. 

On motion, Resolved, That the council of safety be empowered 
to fit out as soon as may be, three vessels with a number of guns, 
not exceeding ten each, and also any number of armed boats not 
exceeding six, for the service and defence of this colony, and to 
order such of the vessels in the service of this colony as they may 
think necessary, to cruise on the eastern-shore, for the protection 
thereof. 

On motion. Resolved, That the council of safety be enabled to 
pay to the officers of the two companies of rifle-men raised in this 
province last summer, and employed in the continental service, or 
their representatives, the difference between the pay they were en- 
titled to at the time they engaged in the service, and the establish- 
ment afterwards made, for the time they served before that estab- 
lishment took place. 

Adjourned till 4 o'clock. 

POST MERIDIEM. 

Convention met. 

Resolved, That a new convention be elected for the express pur- 
pose of forming a new government, by the authority of the people 
only, and enacting and ordering all things for the preservation, 
safety, and general weal of this colony. 

Resolved, That there be four representatives chosen for each of 
the districts of Frederick county, as described in the proceedings 
of the session of July last, two representatives for the city of An- 
napolis, and two representatives for the town of Baltimore in Balti- 
more county, and four representatives for each county in this pro- 
vince except Frederick county aforesaid ; but that the inhabitants 
of Annapolis and Baltimore town be not allowed to vote for rep- 
resentatives for the respective counties, nor shall the resolution be 
be understood to engage or secure such representation to Annapo- 
lis or Baltimore town, but temporarily, the same being, in the opin- 
ion of this convention, properly to be modified, or taken away, on 
a material alteration of the circumstances of those places, from 
either a depopulation or a considerable decrease of the inhabitants 
thereof. 

That all freemen above twenty-one years of age, being freehold- 
ers of not less than fifty acres of land, or having visible property 
in this colpny' to the value of £40 sterling at the least, and no 
others, be admitted to vote for representatives to serve in the said 
convention for the said counties and districts, and the town of 
Baltimore aforesaid ; and that all freemen above twenty-one years 



1776.] OF THE PROVINCE OF MARYLAND. 185 

of age, owing a whole lot of land in the said city of Annapolis, 
or having a visible estateof dB^O sterling at the least, within this pro- 
vince, or having served five years to any trade within the said city 
and being a house-keeper, and no others, be admitted to vote for re- 
presentatives to serve in the said convention for the said city, pro- 
vided such person shall have resided in the county, district, city, 
or town, where he shall offer to vote, one whole year next preced- 
ing the election. 

That all elections of the said representatives be free, and that 
the same be made viva voce in the manner heretofore used in this 
colony, without any regard to any act of parliament or other quali- 
fications than before mentioned. And to prevent any violence or 
force being used at the said elections, no person shall come armed 
to any of them, and that no muster of the militia be made on the 
day on which any of the said elections shall be held, nor shall any 
battalion or company of the militia, or any ten men thereof, give 
in their votes immediately succeeding each other, if any other voter 
who offers to vote objects thereto; nor shall any soldiers in the pay 
of this province be suffered to collect at the time and place of hold- 
ing any of the said elections, so as in any manner to impede the 
freely and convenient carrying on such elections. 

Resolved, That no person holding a commission or office in the 
regular forces of this province, shall during the time of his holding 
the same, be eligible as a representative aforesaid ; nor shall any 
person who shall hereafter accept of any commission or office in 
the land or sea service, or shall enlist in the regular forces raised 
or to be raised for the continental service, or the service of this or 
or any other colony, be eligible as a representative as aforesaid, or 
hold any office or place in the civil department, or have a right to 
vote at any election, during the time he shall hold such commission 
or office in the military forces, or being therein enlisted as aforesaid. 

That any person qualified as aforesaid to vote, may be elected a 
member of the intended convention, provided he be above 21 years 
of age, and shall have resided in the colony one whole year pre- 
ceding the election. 

That no person who has been published by any committee of ob- 
servation, or the council of safety of this colony, as an enemy to 
the liberties of America, and has not been restored to the favour of 
his country, shall be permitted to vote at the election of members 
for the said convention. 

That the intended elections for all the said counties and districts, 
be made on Thursday the first day of August next, but if any of 
them should not be finished on that day, then the judges of such 
24 



186 PROCEEDINGS OF THE CONVENTION [1776. 

election may adjourn the same from day to day, omitting Sun- 
day if necessary, till the same is finished. That the said elections 
for all the said counties, except Frederick, Charles and Cecil, be 
held at the places of holding the county courts of those counties re- 
spectively ; that the elections for the districts of Frederick county 
be held at the places appointed for the elections of representatives 
in the same districts respectively, by resolutions of the convention of 
July last ; that the election for Charles be held at the house of Ben- 
net Hanson Clements in said county; that the election for Cecil 
county be held at the head of Elk river; and that the elections for 
Annapolis and Baltimore-town be held on Monday the fifth day of 
August next at some convenient place in the said city or town, and 
may be adjourned as the said other elections. 

Resolved, That Abraham Barnes, Hugh Hopewell, and Henry 
Tubman, esqrs., or any one or two of them, be judge of and hold 
the election for St. Mary's county. 
V, That George Dent, Samuel^ Hanson, and Warren Dent, esqrs., 

or any one or two of them, be judge of and hold the election for 
Charles county. 

That Charles Graham, William Allnut, and Daniel Rawlings, jr., 
esqrs., or any one or two of tliem, be judge of and hold the elec- 
tion for Calvert county. 

That John Cook, William Beans, and Nathaniel Magruder, esqrs. 
V or any one or two of them, be judge of and hold the election for 
Prince George's county. 

That John Weems, Thomas Watkins, and Thomas Dorsey, 
esqrs., or any one or two of them, be judge of and hold the elec- 
tion for Anne Arundel county. 

That Noah Hart, Christian Orndorff, and Ely Williams, esqrs., or 
any one or two of them, be judge of and hold the election for the 
upper district of Frederick county. 

That Christopher Edelen, William Luckett, jr., and David Shri- 
ver, esqrs., or any one or two of them, be judge of and hold the 
election for the middle district of Frederick county. 

That Jonathan Wilson, Zadok Magruder, and William Luckett, 
V sen., esqrs,, or any one or two of them, be judge of and hold the 
election for the lower district of Frederick county. 

That Andrew Buchanan, Thomas Gist, and James Giftings, esqrs. 
or any one or two of them, be judge of and hold the election for 
Baltimore county. 

That Amos Garrett, Thomas Johnson, and William Webb, esqrs. 
or any one or two of them, be judge of and hold the election for 
Harford counties. 



1776.] OF THE PROVINCE OF MARYLAND. 187 

That Elisha Hall, sen., William Riimsey, and Thomas Savin, 
esqrs., or any one or two of them, be judge of and hold the elec- 
tion for Cecil county. 

That John Page, William Bordley, and William Rogers, esqrs., 
or any one or two of them, be judge of and hold the election for 
Kent county. 

That Thomas Ringgold, Jonathan Hall, and Nathaniel Wright, 
esqrs., or any one or two of them, be judge of and hold the elec- 
tion for Queen Ann's county. 

That John Goldsborough, Henry Banning, and William Perry, 
esqrs., or any one or two of them, be judge of and hold the elec- 
tion for Talbot county. 

That Bartholomew Ennals, Daniel Sulivane, and Henry Hooper, 
Q. S. esrqs., or any one or two of them, be judge of and hold the 
election for Dorchester county. 

That Foster Goldsborough, Jeremiah Colston, and John White, 
esqrs., or any one or two of them, be judge of and hold the elec- 
tion for Caroline county. 

That Thomas Hayward, Andrew Francis Cheney, and Thomas 
BrufF, esqrs., or any one or two of them, be judge of and hold the 
election for Somerset county. 

That Benton Harris, John Selby, and Thomas Martin, esqrs., or 
any one or two of them, be judge of and hold the election for Wor- 
cester county. 

That the mayor, recorder, and aldermen of the city of Annapo- 
lis, or any three or more of them, be judge of and hold the elec- 
tion for the city of Annapolis. 

That James Calhoun, John Merryman, and William Aisquith, 
esqrs., or any one or two of them, be judge of and hold the elec- 
tion for Baltimore town. 

That if any of the said elections cannot be carried on for the 
want of judges, the committee of observation for the county in 
which such election is to be made, shall appoint judges, who shall 
qualify, and proceed as aforesaid. 

That a clerk or clerks be appointed by the said judges for taking 
the polls at the said elections. 

That every judge of the election, before he proceeds to take or re- 
ceive any vote, shall take the following oath or affirmation, to wit : 
" I, A. B. do swear or affirm, that I will permit all persons to vote, 

who shall offer to poll at the election now to be held for • 

county, city, or town, who in my judgment 

shall, according to the resolutions of convention, be entiled to poll 
at the same election ; and that I will not admit any person to poll 



188 PROCEEDINGS OF THE CONVENTION [1776. 

at the same election, who before his voting shall be objected against 
by any candidate, or any two of the electors, if such person is not 
in my judgment qualified to vote as aforesaid ; and will in all things 
execute the office of judge of the said election, according to the 
best of my knowled*ge, without favor or partiality. So help me 
God." 

And every clerk before he enters any vote on the polls, shall take 

the following oath, to wit: "I do declare, that I will well 

and faithfully, without favor, affection, or partiality, execute the of- 
fice of clerk of the election for county, the city of Anna- 
polis, or Baltimore town, according to the best of my knowledge. 
So help me God." 

That the said judges certify under their hands and seals to the 
convention, on the day appointed for their meeting as aforesaid, the 
names of the members chosen in their county, district, city, or 
town, respectively. 

Resolved, That nine persons be elected by ballot a council of 
safety, and be and continue such until the intended convention 
shall make further order therein, and that until that time, they, or 
any four or more of them, having taken the oath prescribed by 
the December convention, shall have and exercise the like and 
same powers as the present council of safety had or might exercise 
under the resolutions of the several conventions heretofore held 
for this colony. And may, on good ground for suspicion, cause 
any person to be arrested and put to security for his good beha- 
vior and appearance at the next convention, or may order any such 
suspected person to remove to and continue within any particular 
place or limits within the province they shall assign, or commit him 
to close prison until the meeting of the convention. 

Resolved, That on the said first day of August next, this present 
convention shall be dissolved, and all the power and authority 
thereof cease and determine. And that the delegates elected shall 
meet at the city of Annapolis, and hold the next convention on 
Monday the twelfth day of August. 

Whereas, it is represented that a number of people residing on 
the south and west sides of the lines lately run by commissioners, 
under the decree, order or commission of the high court of chan- 
cery of England, although they were formerly under the govern- 
ment of Pennsylvania and the three lower counties, are lately ex- 
cluded therefrom, and are desirous of being under the government 
and protection of Maryland ; therefore. Resolved, That all the land 
on the south and west sides of the said lines be henceforth taken 
and accepted as within the jurisdiction of Maryland, and as part of 



776.] OF THE PROVINCE OF MARYLAND. ■ IgQ 

the counties thereof adjoining thereto ; and that the said inhabitants 
share equally in the burthens, privileges and benefits, with others 
the people of this colony. 

Resolved, That the said intended convention shall not continue 
beyond the first day of December next. 

Resolved, That all the civil officers in this colony, except those 
concerned in the customs, continue to execute their several offices 
until the next convention shall make orde^ therein, except only in 
such cases where they are restrained by the resolves of the conven- 
tions held for this colony. 

Whereas, the sheriff of Baltimore county, by virtue of a writ of 
habere facias possessionem, delivered possession of certain lands 
and tenements recovered in the provincial court by Long's lessee 
against Wm. Pellett and others, to a certain Robert Long, against 
the order and determination of the May convention. Resolved, 
That the sheriff of said county deliver the said lands and tene- 
ments to the said William Pellett and others, or their agent, and 
cause as full and ample possession thereof, with all things thereto 
appertaining, to be to him or them restored as they had before the 
issuing the said writ. 

Convention adjourns till to-morrow morning at 9 o'clock. 

THURSDAY, July 4, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Goldsborough, Mr. W. Ennalls, Mr. Potter, Mr. Dickinson, 
Mr. G. Dashiell, Mr. Waters, and Mr. Edmondson. The proceed- 
ings of yesterday were read. 

On reading and considering the remonstrances and petitions of 
the fifth and twentieth battalions of militia in Queen Anne's coun- 
ty, praying a removal of the field officers of said battalions, Re- 
solved, That the same be rejected. 

The convention proceeded to ballot for deputies to represent 
this province in the continental congress, and the honorable Mat- 
thew Tilghman, esq., and Thomas Johnson, junr., William Paca, 
Samuel Chase, Thomas Stone, Charles Carroll of Carrollton, and 
Robert Alexander, esqrs., were duly elected for that purpose. 

Resolved, That the honorable Matthew Tilghman, esq., and Tho- 
mas Johnson, jr., William Paca, Samuel Chase, Thomas Stone, 
Charles Carroll of Carrollton, and Robert Alexander, esqrs., or a 
majority of them, or any three or more of them, be deputies to re- 
present this colony in congress, in as full and ample manner as 
the deputies of this colony might have done under any appoint- 



190 



PROCEEDINGS OF THE CONVENTION 



[1776. 



ment heretofore made, until the next convention shall make further 
order therein. 

Thereupon the convention considering that the said Thomas 
Johnson, esq., cannot discharge the duty of brigadier of the forces 
to be raised in this province in consequence of the resolves of con- 
gress of the tliird day of June last, to uiiich command the conven- 
tion, from a confidence in his capacity and abilities to fill the same 
with advantage to the public cause, and honor to himself, had ap- 
pointed him, and also execute the trust reposed in him as a depu- 
ty in congress for this province ; and being of opinion, that it is of 
very great importance to the welfare of this province, that it should 
not be deprived of the advice and assistance of the said Thomas 
Johnson in the public councils of the united colonies, and that his 
place can be supplied with less inconvenience in the military than 
in the civil department, therefore. Resolved, That a brigadier-gen- 
eral be elected by ballot in the room of the said Thomas Johnson, 
esquire. 

The convention then proceeded to elect a brigadier-general in 
the room of Thomas Johnson, esqr., and John Dent, esqr., was 
elected by ballot to that office. 

Captain Thomas Evving was then elected colonel of the lower 
battalion of militia to be raised on the western shore for the flying 
camp, in the room of John Dent, esq. 

On motion, the question was put. That the sum of ten shillings 
currency per day, and reasonable itinerant charges, be allowed to 
each member that shall hereafter attend any convention, and that 
the resolution of the 20th of December last, allowing them four- 
teen shillings per day, be repealed ? Carried in the negative. 

FOR THE NEGATIVE. 



Mr. Jordan, 
Barnes, 
Reeder, 
Ford, 
Hawkins, 
Mack all, 
Smith, 
Allein, 
Sim, 
Beall, 
Contee, 



Mr. Carroll, barrister, Mr.Veazey, 



T. Johnson, 

S. Chase, 

Carroll of Carr. 

Griffith, 

Realty, 

B. Johnson, 

Baird, 

Moale, 

J. T. Chase, 

Rumsey, 



Gilpin, 

Thompson, 

Ewing, 

Letherbury, 

Hollyday, 

Tho. Wright, 

Earle, 

Chaille, 

Handy, 

J. Dashiell. 



1776.] OF THE PROVINCE OF MARYLAND. 191 

FOR THE AFFIRMATIVE. 

Mr. Hooc, Mr. Love, Mr. Thomas, 

Harrison, Dallam, Murray, 

Somerville, Sluby, Richardson, 

Stull, Ringgold, Mason, 

Tolley, Chamberlaine, Scott. 

Hall, 
Whereas, the united colonies have been reduced to the fatal ne- 
cessity of taking up arms, in defence of their indubitable and inesti- 
mable rights and liberties; and whereas several of the inhabitants of 
this colony, lost to every generous sentiment of liberty, and of love 
to their country and posterity, have kept up a traiterous correspon- 
dence with, and supplied the British troops and navy with provi- 
sions, and some of them have joined in arms, and others have acted 
as pilots on board the enemy's ships and vessels, whereby the safety 
and liberties of this and our sister colonies may be endangered ; 
therefore. 

Resolved, That if any inhabitant of this colony shall, after the 
fifth day of August next, within or without this colony, or any 
person whatever, being an inhabitant of any other of the united 
colonies, shall within this colony, after the said fifth day of Au- 
gust next, levy war against the united colonies, or any of 
them, or shall adhere to any person or persons bearing arms 
or employed in the service of Great Britain against the united 
colonies, or any of them; or shall afford such persons, or any 
of them, any aid or comfort, or shall give them, or any of them, or 
any subject of Great Britain, any intelligence of the warlike pre- 
parations or designs of the united colonies, or any of them ; such 
person, on conviction thereof by a petit jury, after a presentiment 
by a grand jury, in a court to be erected in this colony by the next 
convention, for the trial of such offenders, shall suffer death with- 
out benefit of clergy, and forfeit all estate which he had at the time 
of the commission of the crime, to be applied to the use of this 
colony, unless such convicted person shall be pardoned by the per- 
son or persons invested with the power of granting pardons for 
such offences. 

Resolved, That the several offences aforesaid shall receive the 
same constructions that have been given by thejudges in England 
to such of the said offences as are enumerated in the statute of 
Edward the III., commonly called the statute of treasons. 

Resolved, That if any inhabitant of this colony shall, after the 
fifth day of August next, within or without this colony, or any per- 



192 PROCEEIDNGS OF THE CONVENTION. [1776. 

son whatsoever shall, within this colony, after the fiflh day of Au- 
gust next, forge or counterfeit any of the bills of credit issued by 
the congress, by the assembly, or convention of any of the united 
colonies, or by any of the conventions of this colony, or alter the 
sum expressed in any of the sf.id bills of credit, or shall olTer or 
cause to be offered in payment, any such counterfeit, forged, or al- 
tered bills of credit, knowing the same to be counterfeit, forged, or 
altered, and shall be thereof convicted by a petit jury, after a pre- 
sentiment by a grand jury, in a court to be erected in this colony 
by the next convention, or shall stand mute, or peremptorily chal- 
lenge above the number of twenty of the pannel, shall suffer death 
as a felon, without benefit of clergy. 

Ordered, That the above resolutions be immediately published in 
the Maryland Gazette. 

Whereas, some doubts have arisen on the constructions of the re- 
solutions of convention for ascertaining the rank of the regular 
officers in the pay of this province, it is therefore declared and Re- 
solved, That no precedence or rank shall take place between the 
companies as such, of the corps of regular forces. That prece- 
dence between officers of the same rank take place according to 
the priority of the date of their respective commissions, but where 
two or more of such commissions bear date on the same day, pre- 
cedence take place according as the company to which such officer 
belongs stands numbered on the proceedings of convention in De- 
cember. 

On reading the petition of Turbutt Betton, jun., of Queen Anne's 
county. Ordered, That the fine imposed on him be not levied, and 
that his petition be referred to the council of safety to take order 
therein, and to enforce obedience to the authority of this conven- 
tion. 

Convention adjourns till to-morrow morning, 9 o'clock. 

FRIDAY, July 5, 177G. 

Convention met. All members present as on yesterday, except 
Mr. Turbutt Wright, and Mr. Currer. The proceedings of yes- 
terday were read. Mr. J. Tilghman appeared in the house. 

On motion. Resolved, That col. Henry Hollingsworth make two 
hundred gun barrels of at least one inch in the bore, and three feet 
six inches in length, drawbored ; and that Mr. Elisha Winters 
mount, and stock, and fit, and complete the same with locks and 
swivels, as soon as may be, for the public use, for which they shall 
be paid a reasonable price. 

On motion of Mr. Samuel Chase, (in obedience as he conceived 



1 776.] OF THE PROVINCE OF MARYLAND. 193 

to the instructions of Anne Arundel county) the question was put, 
That all public and private interest of monies cease and determine 
during this time of general distress, such monies only to be except- 
ed as have been actually lent within the three last months, which 
shall be proved by the lender to have been lent within the time 
above mentioned, to the satisfaction of such persons as shall be 
appointed to determine the same, and that country produce be a 
lawful tender for the interest of the same, at the market price, to be 
regulated by two unexceptionable free holders upon oath, one to 
be appointed by each party .'' Carried in the negative. 

FOR THE NEGATIVE. 

Mr. Jordan, Mr. Carroll of Carr. Mr. Gilpin, 

Barnes, Griffith, Thompson, 

Reeder, Beatty, Ewing, 

Ford, B. Johnson, Holiyday, 

Hawkins, Stull, Tho. Wright, 

Hooe, Baird, Earle, 

Mackall, Moale, Chamberlaine, 

Somerville, Tolley, Thomas, 

Smith, J. T, Chase, Murray, 

Allein, Hall, Richardson, 

Sim, Rumsey, Chaille, 

Beall, Love, Handy, 

Contee, Dallam, J. Dashiell. 

T. Johnson, Veazey, 

FOR THE AFFIRMATIVE. 

Messrs. Carroll, bar., S. Chase, Letherbury, Sluby, Ringgold. 

On motion, Resolved, That the committees of observation in the 
several counties of this province forbear to require of any non-as- 
sociator any bond, or further to proceed against any non-associa- 
tor for not giving bond according to the resolutions of December 
last, this convention having made more effectual provisions for 
the public security. 

On motion, the question was put. That no person or persons in 
the community be executed for the payment of any debts, public 
or private, unless it is left in the option of the debtor to pay in the 
produce of the country at a reasonable price, to be ascertained by 
the county committees respectively ^ Carried in the negative. 

On motion, the question was put, That a sum of money not ex- 
ceeding five hundred pounds for Kent county be issued from the 
public treasury, for the purpose of answering the present necessi- 
ties of the pensioners, Kent county aforesaid giving sufficient se- 
25 



194 PROCEEDINGS OF THE CONVENTION [17 76. 

curity for the return of said money, as soon as a change of the 
times will admit of it ? Carried in the negative. 

The convention took into their consideration a report from the 
committee appointed to report on the establishment of manufac- 
tories, and thereupon Resolved, That three hundred pounds, with- 
out interest, be advanced out of the public treasury, to Michael 
Cocendofer of Frederick county, for the purpose of carrying on a 
stocking manufactory, he giving bond, with good security, to re- 
pay the same in fifteen months from the date of contract, either 
in money or good merchantable fulled stockings, at such rates as 
the convention or council of safety shall determine, in the follow- 
ing proportions, to wit: one third thereof in five months, one other 
third in ten mouths, and the remainder in fifteen) months from 
the date of contract. 

That four hundred pounds, without interest, be advanced to John 
M'Fadon of Baltimore county, he giving bond, with good securi- 
ty, to carry on a linen manufactory, and to erect a bleaching-mill, 
and to repay the same in ten months from the date of said bond, 
in money, or such brown or bleached linen as the convention or 
council of safety may direct, and at such rates and of such quali- 
ties as they may determine, in the proportions following, to wit: 
one third thereof in four months, one other third in six months, 
and the remaining third in ten months from the date of contract. 

Tliat one thousand pounds be advanced out of the public trea- 
sury to Robert Riddle of Baltimore county, to enable him to carry 
on a linen manufactory and bleach field, he giving bond, with good 
security, to repay the same in thirteen months from the dat eof said 
bond, either in money or such brown or white linen as tfie conven- 
tion or council of safety may direct, and at such value or price as 
they may set. 

On motion. Resolved, That the balance of the money taken out 
of the loan-office by act of assembly, for opening, straightening, 
and repairing such parts of the roads from Frederick to Baltimore, 
and from Frederick to Annapolis, which lie in Anne Arundel 
county, be paid by the supervisors into the loan office, where the 
same shall be kept ; and that what may then remain in the hands 
of the supervisors, as well as what may have been collected by the 
sheriff, and yet remains in his hands, be applied in aid of the coun- 
ty charges of Anne Arundel county. 

Mr. Beall brings in and delivers to Mr. President, a report from 
the committee appointed to report on the establishment of manu- 
factories, which was read a first and second time, and thereuj)on the 
convention taking the same into consideration, Resolved, That five 



1776.] 



OF THE PROVINCE OF MARYLAND. 



195 



hundred pounds be advanced to Thomas Ringgold of Kent county, 
for the term of one year, without interest, he giving bond, with 
good security, to repay the same within the time aforesaid, either 
in cash, or in linen, woollen, or cotton cloth, and in such propor- 
tions, and of such qualities as the convention or council of safety 
for the time being may direct, and at the rates and prices the said 
convention or council of safety may set thereon. 

On motion Mr. Samuel Chase (in obedience as he conceived to 
the instructions of Anne Arundel county) the question was put 
That all rents be paid and shall be received in country produce, at 
the same rates which such commodities bore at the time such con- 
tract was made or renewed, and the same to be set by the com- 
mittees of observation until other persons are appointed ? Carried 
in the negative. 

FOR THE NEGATIVE. 
Mr. Griffith, Mr. Veazey, 

Beatty, Thompson, 

B. Johnson, Ewing, 

Baird, Hollyday, 

Moale, Tho. Wright, 

Tolley, Earle, 

J. T. Chase, Richardson, 

Hall, Scott, 

Love, Handy, 

Dallam, - J. Dashietl. 

FOR THE AFFIRMATIVE. 
Carroll, bar., Mr. Letherbury, Mr. Ringgold, 

S. Chas€, Sluby, Mason. 

Gilpin, 
On motion,' Resolved, That the council of safety be empowered 
to lend and advance to Robert Wood of Frederick county, three 
hundred pounds of the public money on his giving bond with good 
security, to lay out and expend the same in erecting a sheeting 
and flitting mill, and to repay the same money into the public trea- 
sury within ten months from the time it shall be drawn out. 

On reading and considering a petition from Reuben Meriweath- 
er and others, inhabitants of Anne Arundel county, praying leave to 
form themselves into an independant rifle company. Resolved, 
That the same be granted, and that commissions issue when the 
company is completed to eighty men, to such persons as shall be 
appointed by the council of safety. 

On motion. Resolved, That no account or claim against this col- 
ony' shall be received without being first proved by the party ma- 



Mr. Jordan, 
Hooe, 
Mack all, 
Somerville, 
Smith, 
Allein, 
Sim, 
Beall, 

T. Johnson, 
Carroll of Car. 



Mr. 



196 PROCEEDINGS OF THE CONVENTION [1776. 

king the demand, or other sufficient testimony, or attested by some 
committee of observation ; or if the charge arises for the service of 
any part of the militia of this colony, that the time of their service 
be certified by the brigadier-general of their district, or the account 
of the time they have been in actual service proved by a field-offi- 
cer, captain, or commanding officer of any detachment of militia 
that has been or may be employed in the service of this colony. 
Mr. Done and Mr. Bishop appeared in the house. 
Mr. John Kilty was elected ensign of capt. Tillard's company of 
militia for the flying camp, in the room of Mr. John Gassaway who 
resigned. 

On motion the question was put. That all interest on bonds or 
contracts, except on loan office bonds, cease and determine during 
this time of public distress? Carried in the negative. 

FOR THE NEGATIVE. 
Mr. Jordon, Mr. T. Johnson, Mr. Ewing. 

Barnes Carrol of Car., Sluby, 

Hooe, Griffith, Hollyday, 

Mackall, Beatty, Murray, 

Somerville, Stull, Richardson, 

Smith, Moale, Mason, 

Allein, J. T. Chase, Scott, 

Sim, Rumsey, Chaille, 

Beall, Gilpin, Handy, 

Contee, Thompson, J. Dashiel. 

FOR THE AFFIRMATIVE. 

Mr. Hawkins, Mr. ToUey, Mr. Letherbury, 

Harrison, Love, Ringgold. 

Carroll, barrister, Dallam, 
Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

A petition from William Noke late sheriff of Anne Arundel 
county, was read and ordered to lie on the table. 

On motion of Mr. Hooe, the question was put. That interest 
now due on all debts or contracts, or that shall become due till a 
further regulation, except on loan office bonds, may be paid in corn, 
wheat, tobacco, flour, hemp, or cotton, at such prices as may be 
agreed upon between the creditor and debtor, or on their disagree- 
ment, at such prices as may be set by the committee of observation 
for the county where the debtor resides, such country produce to 
be ofl^ered or tendered by the debtor at the capital of the county 



1776.] OF THE PROVINCE OF MARYLAND. 197 

where he resides, unless any other place of delivery is agreed up- 
on by tlie parties ? The previous question was callt'd for and put, 
whether the above question be now put.? Carried in the negative. 

FOR THE NEGATIVE. 
Mr. Jordan, Mr. Beatty, Mr. Tho. Wright, 

Roeder, B. Johnson, Earle, 

Ford, Stull, J. Tilghman, 

Somerville, Baird, Chamberlaine, 

Smith, Moale, Thomas, 

Allein, .T. T. Chase, Murray, 

Beall, Hall, Richardson, 

Sim, Rumsey, Mason, 

Contee, Gilpin, Scott, 

T. Johnson, Thompson, Bishop, 

Carroll of Carr., Ringgold, Done, 

Griffith, Hollyday, J. Dashiell. 

FOR THE AFFIRMATIVE. 

Mr. Hooe, Mr. Carroll barrister, Mr. Ewing, 

Hawkins, Tolley, Letherbury, 

Harrison, Dallam, Love, 

Barnes, 
The convention proceeded to ballot for a council of safety, and 
John Hall, George Plater, Charles Carroll, barrister, Daniel of St. 
Thomas Jenifer, Thomas B. Hands, Benjamin Rumsey, Thomas 
Smyth, James Tilghman, and Joseph Nicholson, junior, Esquires, 
were duly elected for that purpose. 

On reading and considering the account and letter of Amos 
Garrett, supervisor of the salt petre works in Harford county. Or- 
dered, Tiiat the treasurer of the western shore pay to the said 
Amos Garrett the further sum of fifty pounds on account of his salt 
petre works aforesaid. 

Whereas, many farmers and planters are indebted in sums of 
money bearing interest, and from their being no market for the 
tobacco, wheat, and other usual produce of their farms and plan- 
tations since the tenth day of September last, they have not been 
enabled to pay the interest accrued since that time, and from a con- 
tinuance of the cause may probably continue disabled to pay the 
interest which may accrue on their debts for some time to come ; it is 
therefore Resolved, That all interest which hath accured since the 
tenth day of September last, or shall accure before the tenth day 
of July, 1777, shall and may be payable in indian corn, wheat, to- 
bacco, flax, hemp or cotton, or linen or woollen cloth, which was 



198 PROCEEDINGS OF THE CONVENTION [1776. 

or shall be raised or manufactnred by the party who shall offer to 
pay the same, or be received by any creditor in discharge of such 
interest, so due from him as aforesaid, and in such of the said com- 
modities or manufacture* as such committee on all circumstances 
shall think most reasonable, and therefore direct ; and if the par- 
ties cannot agree on the price and place of delivery, then the com- 
mittee of observation of the county where the debtor resides, may 
ascertain and fix the price of the commodity, the time when, and 
the place (within their county) where the delivery shall be: pro- 
vided the said delivery be made before the tenth day of September 
next after the said interest shall have accrued ; and provided also 
that this resolution shall extend only to private, and not to loan 
office or other public debts. 

Convention adjourns till to-morrow morning, 9 o'clock. 

SATURDAY, July 6, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Reeder, Mr. Ford, Mr. Stull, Mr. Baird, Mr.Sluby, Mr. Cham- 
berlaine, Mr. Thomas, Mr. Scott, Mr. Chaille, and Mr. Handy. 
The proceedings of yesterday were read. 

On motion, Resolved, That no ship carpenter employed in build- 
inff vessels for the service of the continent or this colony, shall be 
compelled to attend his duty in the militia, nor be liable to any 
fine for non-attendance, during the time of his being employed 
in such service. 

Mr. William Shircliff was appointed ensign of capt. Robert 
Bowie's company of militia for the flying camp, in the room of Col- 
more Beans who resigned. 

On motion, Resolved, That any vacancy which may happen in 
the militia raised by this colony to compose the flying camp, shall, 
and may be filled up by the council of safety. 

Resolved, That Mr. Contee, Mr. Beall, and Mr. Tolley be a 
committee in the recess of convention, to examine and report 
to the council of safety, the state of the accounts and proceedings 
of the commissioners of the loan office ; and that the council be 
directed to order the monies, books and papers, in that office, to 
be packed up in proper chests and removed, if they should think 
proper, to some place of security. 

Mr. Daniel Bowie was appointed captain of a company in col. 
Smallwood's battalion of regular forces in the room of captain 
Thomas Ewing. 

On reading the memorial of Jacob Brice, Resolved, That a com- 



1776.] OF THE PROVINCE OF MARYLAND. X99 

mission issue to him as adjutant to the battalion of regular forces, 
and that he be entitled to pay as such, from the time of his per- 
forming that duty, and that the pay of adjutant be at the rate of 
twenty dollars per month. 

On reading the petition of the society of Menonists and German 
baptists, Resolved, That the several committees of observation may 
in their discretion prolong the time or tgke security, for the pay- 
ment of any fine by them imposed for not enrolling in the militia, 
and may remit the whole or any part of the fines by them assessed ; 
and it is recommended to the committees to pay particular atten- 
tion, and to make a difference between such persons as may refuse 
from religious principles or other motives. 

On motion. Resolved, That the pay of the drum major in the re- 
gular service of this colony be eight dollars per calendar month. 

On motion, Resolved, That the committee or board appointed to 
cause a set of books to be opened, and proper accounts to be rais- 
ed, entered and made up of the e.xpenditure, loan, or other disposi- 
tion of all public monies, by or under the authority of convention, ex- 
amine, audit and adjust all accounts and sums of money due from 
or to this colony, in tlie recess of convention, and the same trans- 
mit, with the respective balances struck, to the council of safety 
for the time being, subject to their examination and control, and 
in order to be by them payed and discharged. 

Resolved, That Mr. Thomas Contee be added to the above board, 
and that they or any two of them be empowered and' authorised 
to act. 

On reading a memorial from Dr. Charles Alexander Warfield of 
Anne-Arundel county, for a sum of money to be advanced him 
for the purpose of carrying on a crude nitre manufactory, Resolved, 
That the same be referred to the consideration of the council of 
safety, and that they contract with him and advance the money 
if they think proper. 

This convention taking into consideration the resolves of the 
convention of Virginia of the 31st day of May last, relative to the 
proceedings of this convention in May, respecting the case of 
governor Eden, came to the following resolutions: 

Resolved, That this convention cannot but be of opinion, that 
the said resolutions of the convention of Virginia were not only 
hasty, and made without due and proper reflection, but betray a 
disposition to interfere in the affairs of this colony, and that that 
resolution might have proved highly injurious to the general in- 
terest of America, by infusing groundless jealousies and effecting 
fatal divisions. 



200 PROCEEDINGS OF THE CONVENTION [l^T*. 

That this convention never intermeddled, nor was disposed to 
interfere with the affairs of Virginia, but hath at all times shewn a 
due and proper respect to the convention of that colony, and all 
occasions must have evinced their sincere and tender regard for the 
people thereof ; and this convention cannot be of opinion, that the 
convention of Virginia could believe that this convention promo- 
ted governer Eden's passage " to assist in their destruction under 
a pretence of his retiring to England." 

That this convention, and the council of safety for the tinie being, 
where the only proper and adequate judges of the propriety and ex- 
pediency of suffering governor Eden to depart out of this province, 
and have proceeded in that mailer upon evidence which was 
satisfactory to themselves, and to which the convention of Virginia 
were strangers. 

That had the convention of Virginia been in possession of the 
evidence upon which the council of safety and this convention 
proceeded, they could not have been at a loss to account for the 
council of safety their declining to seize governor Eden, or for the 
convention having promoted his passage (not as is unjustly insinu- 
ated in the resolution of the Virginia convention, to assist in their 
destruction, but really) to England, whither this convention hath 
the best grounds to believe he would go by the first opportunity. 
Nor can the address alluded to in the said resolution of the con- 
vention of Virginia, in the opinion of this convention, be consid- 
ered as enabling, nor was it meant to enable governor Eden to 
assume the character of a public agent, nor can this convention 
discover how the said governor would thereby be enabled to pro- 
mote divisions and disunion amongst the colonies ; but the same 
was presented as a testimony due to the governor of the sense 
this convention entertained of his fair and impartial representations 
of the principles, motives, and views of the people of this colony, 
so far as the same had come to their knowledge. 

That although this convention was sensiblethat in the absence of 
the governor the government in its old form would devolve to the 
president of the council of state, and although such president should 
be under equal obligations with the governor to perform the minis- 
terial mandates, yet was the convention fully satisfied that it would 
not be equally, if at all, in the power of the president to perform 
such mandates ; and therefore this convention cannot but consider 
the imputing their proceedings " to some undue influence of gov- 
ernor Eden under the mask of friendship to America, and of the 
proprietary interest to Maryland," as groundless and unjust; nor 
is this convention able to discover how their vote for the departure 



1776.] 



X)F THE PROTINCE OF MARYLAND. 



201 



of governor Eden from this province could have any evil tenden- 
cy to the common cause, or to Virginia in particular. 

That as the convention of Virginia hath by their said resolution 
appealed to the good people of this province against their conven- 
tion, and by their publication of the said resolve hath endeavoured 
to injure this convention in the good opinion of the united colo- 
nies at large, it became the indispensable duty of this, though they 
are anxiously desirous to cultivate union and harmony with their 
sister colonies, thus to vindicate their proceedings, and those of the 
council of safety, which this convention did approve of, against the 
groundless and unjust imputations contained in the said resolution 
of the convention of Virginia, and conscious of the uprightness of 
their own intentions, and the rectitude of the measures they 
adopted, do wholly deny, and can cheerfully join in the appeal to their 
constituents, and to all men acquainted with the affairs of Mary- 
land, against the charge of proprietary influence. 

On reading the resolutions relative to the resolve of the conven- 
tion of Virginia, the question was put. That the words, and do, in 
the last resolve, between the word did and the word approve, be 
struck out of the said resolve } Resolved in the affirmative. 



Mr. Jordan, 
Barnes, 
Hawkins, 
Hooe, 
Harrison, 
Mackall, 
Smith, 
Allein, 



FOR THE AFFIRMATIVE. 

Mr. Sim, Mr. Moale, 



Beall, 

Contee, 

S. Chase, 

Carroll of Carr. 

Griffith, 

Beatty, 

B. Johnson, 



Tolley, 

Hall, 

Dallam, 

Gilpin, 

Ewing, 

Letherbury, 

Done. 



Mr. Somerville, 
T. Johnson, 
Love, 
Veazey, 
Thompson, 



FOR THE NEGATIVE. 

Mr. Ringgold, Mr. Richardson, 



Hollyday, Mason, 

Tho. Wright, Bishop, 

Earle, J. Dashiell, 

Murray, 

Resolved, That the following declaration be entered on the jour- 
nal of this convention. 



A DECLARATION OF THE DELEGATES OF MARYLAND. 

To be exempted from the parliamentary taxation, and to regu- 
late their internal government and polity, the people of this colo- 
ny have ever considered as their inherent and unalienable right, 
26 



202 PROCEEDINGS OF THE CONVENTION [1776. 

without the former, they can have no property ; without the latter, 
no security for their lives or liberties. 

The parliament of Great Britain has of late claimed an uncon- 
trollable right of binding these colonies in all cases whatsoever : 
to enforce an unconditional submission to this claim, the legisla- 
tive and executive powers of that state have invariably pursued for 
these ten years past a steadier system of oppression, by passing 
many impolitic, severe and cruel acts for raising a revenue from 
the colonists ; by depriving them in many cases of the trial by jury; 
by altering the chartered constitution of one colony, and the entire 
stoppage of the trade of its capital ; by cutting off all intercourse 
between the colonies ; by restraining them from fishing on their 
own coasts ; by extending the limits of, and erecting an arbitrary 
government in the province of Quebec ; by confiscating the pro- 
perty of the colonists taken on the seas, and compelling the crews 
of their vessels, under the pain of death, to act against their native 
country and dearest friends ; by declaring all seizures, detention, 
or destruction of the persons or property of the colonists, to be 
legal and just. 

A war unjustly commenced hath been prosecuted against the 
united colonies with cruelty, outrageous violence, and perfidy ; 
slaves, savages, and foreign mercenaries have been meanly hired 
to rob a people of their property, liberties and lives, a peo- 
ple guilty of no other crime than deeming the last of no esti- 
mation without the secure enjoyment of the former ; their humble 
and dutiful petitions for peace, liberty and safety, have been reject- 
ed with scorn ; secure of and relying on foreign aid, not on his 
national forces, the unrelenting monarch of Britain hath at length 
avowed, by his answer to the city of London, his determined and 
inexorable resolution of reducing these colonies to abject slavery. 

Compelled by dire necessity, either to surrender our properties, 
liberties and lives, into the hands of a British king and parliament, 
or to use such means as will most probably secure to us and our 
posterity those invaluable blessings, 

We the delegates of Maryland, in convention assembled, do de- 
y/ clare, that the king of Great Britain has violated his compact with 
this people, and that they owe no allegience to him ; we have 
therefore thought it just and necessary to empower our deputies in 
congress to join with a majority of the united colonies in declaring 
them free and independent states, in framing such farther confed- 
eration between them, in making foreign alliances, and in adopting 
such other measures as shall be judged necessary for the preserva- 
tion of their liberties: provided, the sole and exclusive rights of 



1776.] OF THE PROVINCE OF MARYLAND. 203 

regulating the internal polity and government of this colony be re- 
served to the people thereof. We have also thought proper to call 
a new convention, for the purpose of establishing a government in 
(his colony. No ambitious views, no desire of independence, in- 
duced the people of Maryland to form an union with the other col- 
onies. To procure an exemption from parliamentary taxation, and 
to continue to the legislatures of these colonies the sole and exclu- 
sive right of regulating their internal polity, was our original and 
only motive. To maintain inviolate our liberties, and to transmit 
them unimpared to posterity, was our duty and first wish ; our next, 
to continue connected with, and dependent on Great Britain. For 
the truth of these assertions, we appeal to that Almighty Being 
who is emphatically styled the searcher of hearts, and from whose 
omniscience nothing is concealed. Relying on his divine protec- 
tion and affiance, and trusting to the justice of our cause, we ex- 
ort and conjure every virtuous citizen to join cordially in defence 
of our common rights, and in maintainance of the freedom of this 
and her sister colonies. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

The president laid before the convention several letters from the 
honorable, the president of the congress, of the •25th and 29th of 
June, and of the 4th instant, and sundry resolutions of that respec- 
table body, which were taken into consideration, and thereupon 
Ordered, That colonel Smallwood immediately proceed with his 
battalion to the city of Philadelphia, and put himself under the con- 
tinental officer commanding there, and be subject to the further or- 
ders of the congress. 

Ordered, That the independent companies stalion^^d in Talbot, 
Kent, Queen Anne's, and St. Mary's counties, immediately pro- 
ceed to Philadelphia, and put themselves under the command of 
colonel Smallwood, subject to the further orders of the congress. 

Ordered, That vessels be immediately procured to transport such 
of the said troops as are on the western shore to the head of Elk. 

Resolved, That the council of safety take such measures as they 
may think best, to supply the said troops with carriages and provi- 
sions on their march to Philadelphia. 

Resolved, That the said battalion and independent companies be 
deducted from the number of the militia required by congress of 
this colony to compose the flying camp. 

Ordered, That copies of the letter from congress of the 4th insf. 
and of the above resolutions, be transmitted by express, to the se- 



204 PROCEEDINGS OF THE CONVENTION [1776. 

veral committees in each county, and that they be earnestly re- 
quested to give every assistance in their power to the immediate 
enrolling of the militia companies, and enabling them to march. 

Resolved, That the council of safety direct such and so many of 
the said militia companies to march to the city of Annapolis, Bal- 
timore town, Talbot, Kent, Queen Anne's, and St. Mary's coun- 
ties, as will supply the number and places of the said battalion and 
independent companies ; and that tiU the places of the regular 
troops ordered from Annapolis and Baltimore town can be supplied 
by the militia to be raised as aforesaid, the council of safety direct 
three companies of the neighboring militia to march into Annapo- 
lis, and two companies of the neighboring militia to march into 
Baltimore town. 

Resolved, That the continental officer who may command the 
flying camp, is requested, if the service will permit, to separate the 
corps of regulars from the corps of militia to be supplied by this 
province, to prevent any ground of discontent about rank. 

Resolved, That this province will raise two companies of rifle- 
men and four companies of Germans, according to the re(]uisitinns 
of congress in their resolutions of the 27th day of .Tune last. 

That one of the said companies of rifle-men be raised in Har- 
ford county, two of the said companies of Germans be raised in 
Baltimore county, and one of the companies of rifle-men and two 
of the companies of Germans be raised in Frederick county. 

That to expedite the raising and levying the said troops, the 
committee of observation for Harford county recommend the offi- 
cers of the company to be raised in that county, the committee of 
observation for Baltimore county, the officers of the companies to 
be raised in that county, and that two of the committee of observa- 
tion from each of the districts of Frederick county, who are to 
meet at Frederick town on Friday the 12th day of this instant, 
July, or the major part of them so met, recommend the officers of 
the companies of Germans to be raised in that county, and also 
the officers of the rifle compiinies to be raided tiiere, except the 
captain. 

That Lemuel Barret be captain of the rifle company to be raised 
in Frederick county, if he will act as such. 

That each of the companies of Germans consist of one captain, 
two lieutenants, one ensign, four sergeants, four corporals, one 
drummer, one fifer, and seventy-six privates; and each of the rifle 
companies of one captain, three lieutenants, four sergeants, four 
corporals, one drummer, one fifer, and seventy-six privates; and 
that the officers being approved, be appointed and certified to the 
congress by the council of safetv. 



1776.] OF THE PROVINCE OF MARYLAND. 205 

That each of the officers being nominated by the committees, 
have warrants for enlisting, and that each of the officers enlist the 
following numbers, to wit: a captain 30, first and second lieuten- 
ant 20, third lieutenant or ensijn 16; and that by order of the 
council of safety, the said officers draw out of the public treasury 
monies sufficient to discharge the bounties. 

The committee for that purpose appointed, bring in and deliver 
to Mr. President the following report: 

" Your committee appointed to examine and price the linen 
brought in by Edward Parker, do report, that he has brought in 61 1 
yards valued at 3s. 6d. per yard, and four hundred and twenty- 
seven and a quarter yards at 2s. 3d. per yard, common currency. 
Ail which is submitted to the consideration of the honorable house. 
"THOMAS CONTEE, chairman com." 

Which was read and agreed to. 

Whereas, this convention hath resolved, "that the several com- 
panies of militia intended to be raised for the purpose of forming a 
flying camp for the protection of the middle colonies, shall be mus- 
tered and passed by some one of the field-officers of the counties 
where such companies shall be raised, and the captains shall re- 
turn two copies of his muster roll certified by the field officer who 
musters the men, to the council of safety." And whereas, no field- 
officers are appointed in Kent county, it is therefore Resolved, that 
the committee of observation for Kent county are hereby author- 
ised to appoint a militia commissioned officer in said county, who 
is empowered to muster and pass such companies in as full and 
ample manner as if the same was done by a field-officer. 

On motion, Resolved, That the commissioners appointed by a 
resolve of the convention of this province in December last, for 
the purpose of establishing a gun-lock manufactory in Frederick 
town in Frederick county, or in the neighborhood thereof, for which 
purpose twelve hundred pounds was appropriated, do lay before 
the next convention, on the third day of their sitting, a full and 
clear account of their proceedings in the premises, together with 
the state of said manufactory. 

On reading and considering the report from the committee ap- 
pointed to report on the petition of John Brewer of the city of An- 
napolis, Resolved, That the fine imposed on the said John Brewer 
by the committee of observation for Anne Arundel county be re- 
mitted, and his fire arms returned to him. 

On motion, Resolved, That all petitions, applications and reports 
to convention this present session, and all petitions, applications 
and reports, to convention in all its former sessions, whereon no 



206 PROCEEDINGS OF THE CONVENTION. [1776. 

final order hath been or shall be made, be referred to the next ses- 
sion of convention. 

On motion, Resoled, That a bounty of one shilling common mo- 
ney be paid by the council of safety for every bushel of salt im- 
ported into this colony, and delivered above Point Look out, 
before the first day of March next, and that the importer be allow- 
ed to sell the same at any price not exceeding seven shilling and 
six pence common money per bushel. 

On motion. Resolved, That the council of safety advertise the 
proposals given in to this convention by Mr. Charles Wallace, and 
request any person who will contract for a large quantity of salt, 
to deliver in their proposals by the 20th day of July next, and the 
council of safety are empowered to enter into a contract agreeable 
to any such proposals that may be given in, if they adjudge such 
proposals more for the advantage of the public, but if no better 
terms should be offered by the said day, then the council of safety 
are empowered to close with the said proposals of Charles Wallace. 

Ordered, That the declaration of this convention of this day, 
and the resolution in answer to the resolutions of the Virginia con- 
vention, be published in the Maryland Gazette. 

The journal of accounts was read and assented to. 

Ordered, That the treasurer of the western shore pay the several 
claims allowed in the same. 

The convention adjourns till Thursday the first day of August 
next, to sit at this place, but the council of safety may convene the 
convention at any other time or place they shall judge it neces- 
sary. 

Signed by order of the convention, 

GABRIEL DUVALL, clerk. 



PROCEEDINGS OF THE CONVENTION 



OF THE 



PROVINCE OF MARYLAND, 



HELD AT 



The City of Annapolis, on Wednesday, the fourteenth of August, 

1776. 



1776.] 



PROCEEDINGS OF THE CONVENTIONJ 



209 



At a Convention of the Delegates chosen by the several coun- 
ties and districts, and by the city of Annapolis and town of Bal- 
timore of the province of Maryland, at the city of Annapolis, 
on Wednesday the 11th of August, 177G, 

WERE PRESENT, 



For St. Mary's county. 
Richard Barnes, 
Ignatius Fen wick. 

Charles county. 
John Dent, 
Thomas Semmes, 
John Parnham. 

Calvert county. 
Benjamin Mackall, 
Charles Grahame, 
William Fitzhugh, 
John Mackall. 

Prince George's county. 
Walter Bowie, 
Luke Marbury, 
Osborn Sprigg, 
Thomas Sim Lee. 

A7ine Arundel county. 
Rezin Hammond, 
B. T. B. Worthington, 
Charles Carroll, barrister, 
Samuel Chase. 

Frederick co. Lower district. 
Thomas S. Wootton, 
Jonathan Wilson, 
William Bayly, jr. 
Elisha Williams. 



Middle district. 
Adam Fischer, 
Upton Sheredine, 
Christopher Edelen, 
David Schriver. 

Upper district. 
Samuel Beall, 
John Stull, 
Henry Schnebely. 

Baltimore county. 
Charles Ridgely, 
Thomas Cockey Deye, 
John Stevenson, 
Peter Shepherd. 

Baltimore town. 
John Smith, 
Jeremiah T. Chase. 

Harford county. 
Jacob Bond, 
Henry Wilson, jr. 
John Love, 
John Archer. 

Cecil county. 
Joseph Gilpin, 
Patrick Ewing, 
David Smith, 

Talbot county. 



Matthew Tilghman. 
The convention proceeded to the choice of a president, and the 
hon. Matthew Tilghman, esq. was unanimously elected. 

The convention appointed Mr. Gabriel Duvall, clerk. Ordered, 
That he qualify himself as such, by taking oath that he will honestly, 
diligently, and faithfully discharge the office of clerk to the con- 
vention of Maryland, and that he will not disclose or reveal the se- 
crets thereof. 
27 



210 PROCEEDINGS OF THE CONVENTION [1776. 

Mr. Allen Quynn was appointed messenger, and Mr. Robert Rey- 
nolds door keeper. Ordered, That they severally qualify them- 
selves as such, by taking the oath of office and secrecy as above di- 
rected to be taken by the clerk. 

On motion, Resolved, That a committee of elections be appoint- 
ed, and that they be directed to inspect the returns thereof, and re- 
port whether the elections have been made agreeable to the direc- 
tions of the last convention; and Mr. Gilpin, Mr. S. Chase, Mr. 
Worthington, Mr. Wootton, and Mr. Carroll, were elected by bal- 
lot a committee for that purpose. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Covention met. Mr. William Paca, a delegate returned for the 
city of Annapolis, and Mr. Nathaniel Potter, Mr. William Rich- 
ardson, and Mr. Richard Mason, delegates returned for Caroline 
county, appeared and took their seats in the house. 

On motion, Resolved, That the council of safety be empowered 
to draw for a sum not exceeding thirty thousand pounds, of the bills 
of credit now remaining in the hands of the treasurer, appropria- 
ted to the calling in and cancelling the bills of credit issued by the 
convention in July, 1775, and that they apply the same or any part 
thereof to the use of the public, as occasion may require; and that 
this convention will make such provision for calling in and cancel- 
ling the said former emission as may be necessary. 

Certificates of the qualification of the clerk, messenger and door- 
keeper, were produced and filed. 

Mr. Nicholas Harwood and Mr. John Johnson were appointed 
assistant clerks to the convention. Ordered, That they qualify as 
such, by taking the usual oath. 

Convention adjourns till Monday morning, 9 o'clock. 

THURSDAY, August 15, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Robert Goldsborough, 
Mr. John Murray, Mr. James Ennalls, and Mr. Joseph Ennalls, 
jun., delegates returned for Dorchester county; Mr. Gustavus Scott, 
Mr. George Scott, Mr. William Horsey, and Mr. Henry Lowes, del- 
egates returned for Somerset county; Mr. Peter Chaille, Mr. Smith 
Bishop, Mr. Samuel Handy, and Mr. John Purnell Robins, dele- 
gates returned for Worcester county; and Mr. Pollard Edmond- 
son and Mr. John Gibson, delegates returned for Talbot county, 
appeared and took their seats in the house. 



1776.] OF THE PROVINCE OF MARYLAND. 211 

Mr. Samuel Chase brings in and delivers to Mr. President a re- 
port from the committee of elections, which was read in the follow- 
ing words : 

" The committee of elections beg leave to report, that by the re- 
turn of the election for Saint Mary's county, Richard Barnes, Igna- 
tius Fenwick, George Plater, and Jeremiah Jordan, Esquires, were 
elected agreeable to the resolve and direction of the last conven- 
tion. 

" That by the return for Charles county, the same was partly held 
at the place directed by the last convention, and partly at another 
place, by the unanimous consent of the voters, and that Robert T. 
Hooe, John Dent, Thomas Semmes, and John Parnham, Esquires, 
were elected for the said county. 

" That by the return for Calvert county, Benjamin Mackal), 
Charles Grahame, William Fitzhugh, and John Mackall, Esquires, 
were duly elected agreeable to the resolve and direction of the last 
convention. 

" That Walter Bowie, Luke Marbury, Osborn Sprigg, and Tho- 
mas Sim Lee, esqrs., are returned by Jeremiah Magruder, Hum- 
phrey Belt, and Thomas Boyd, as duly elected for Prince George's 
county. 

"That the inhabitants of the county agreed, that every taxable 
bearing arms, being an inhabitant of the county, had an undoubted 
right to vote for representatives at this time of public calamity; that 
the judges appointed declined to act, and that they appointed the 
judges who made the return aforesaid. 

"That by the return of the election for Anne Arundel county, 
Rezin Hammond, Brice Thomas Beale Worthington, Charles Car- 
roll, barrister, and Samuel Chase, esqrs., were elected agreeable to 
the resolve and direction of th-e last convention. 

" That for the lower district of Frederick county, Thomas Sprigg 
Wootton, Jonathan Wilson, William Bayly, junr. and Elisha Wil- 
liams, esqrs., are returned by judges appointed by the committee of 
that district, duly elected by a majority of voters, resident of the 
district, who had armed in defence of the country. 

That by the return for ihe middle district of Frederick county, 
Adam Fischer, Upton Sheredine, Christopher Edelin, and David 
Schriver, esqrs., were elected agreeable to the resolve and direc- 
tion of the last convention. 

" That by the return for the upper district of Frederick county, 
Samuel Beall, Samuel Hughs, John Stull, and Henry Schnebely, , 
esqrs., were duly elected. 

^' That by the return from Baltimore county, Charles Ridgely, 



212 PROCEEIDNGS OF THE CONVENTION [1776. 

Thomas Cockey Deye, John Stevenson, and Peter Shepherd, esqrs. 
were duly elected. 

" That by the return from Baltimore town, John Smith, and Jere- 
miah Townly Chase, esqrs. were duly elected. 

"That by the return from Harford county, Jacob Bond, Henry 
Wilson, jr., John Love, and John Archer, esqrs. were duly elected. 

"That by the return from Cecil county, Joseph Gilpin, Patrick 
Ewing, David Smith, and Benjamin Brevard, esquires, were duly 
elected, 

"That by the return from Talbot county. Pollard Edmondson, 
John Gibson, Matthew Tilghman, and James Lloyd Chamberlaine, 
esqrs., were duly elected. 

"That by the return from Caroline county, Nathaniel Potter, 
William Richardson, Richard Mason, and Henry Dickinson, esqrs. 
were duly elected. 

"That by the return from the city of Annapolis, William Paca, 
and Charles Carroll of Carrollton, esqrs., were duly elected. 

"That by the return for Dorchester county, Robert Goldsborough, 
James Murray, John Ennalls, and Joseph Ennalls, esqrs., were duly 
elected. 

"That by the return for Somerset county, Gustavus Scott, Geo. 
Scott, William Horsey, and Henry Lowes, esquires, were duly 
elected. 

"Signed by order of the committee, 

NICHOLAS HARWOOD, clerk." 

On motion the question was put, That for the future, the name 
of every gentleman who may make a motion in the house be in- 
serted in the entry that may be made in consequence thereof? Re- 
solved in the affirmative. 

AFFIRMATIVE. 
Mr. Fenwick, Mr. Sprigg, Mr. Ridgely, 

Dent, Lee, Deye, 

Semmes, Hammond, Stevenson, 

Parnham, Worthington, Shepherd, 

B. Mackall, Carroll, Bond, 

Fitzhugh, Wootton, H. Wilson, 

J. Mackall, J. Wilson, Love, 

Bowie, Bayly, Archer, 

Marbury, Williams, Ewing. 

NEGATIVE. 
Mr. Barnes, Mr. Edelen, Mr. Jos. Ennalls, 

Grahame, Schriver, Potter, 



1776.] OF THE PROVINCE OF MARYLAND. 213 

S. Chase, J. Smith, Richardson, 

Paca, J. T. Chase, Mason, 

Fischer, Gilpin, Gust, Scott, 

Sheredine, D. Smith, Geo. Scott, 

Beall, Edmondson, Horsey, 

StuU, Goldsborough, Lowes. 

Schnebely, John Ennalls, 

Certificates of the qualification of Mr. Harwood and Mr. John- 
son were produced and filed. 

On reading a letter from William Rogers, William Bordley, and 
John Page, esqrs., appointed judges by the last convention for hold- 
ing the election for Kent county, setting forth that they were pre- 
vented from carrying on the election for the said county by a num- 
ber of people not qualified to vote by the resolves of the last con- 
vention, on motion of Mr. Samuel Chase, Resolved, That the elec- 
tion for the said county be carried on and continued by the said 
judges on Thursday the 22d instant, agreeable to the resolves and 
directions of the last convention. 

Resolved, That all friends to America, and the interest, peace 
and happiness of this province, are required, if necessary, to be 
aiding and assisting to the judges of election for Kent county in 
the execution of their oflice, and this convention vvill support and 
maintain the said judges in the discharge of their duty. 

The yeas and nays being required on the above resolution, they 
were as follow : 

AFFIRMATIVE. 
Mr. Barnes, Mr. Fischer, Mr. Gibson, 

Fenwick, Sheredine, Goldsborough, 

Dent, Edelen, Murray, 

Semmes, Schriver, John Ennalls, 

Parnham, Beall, Jos. Ennalls, 

B. Mackall, Stull, Potter, 

Grahame, Schnebely, Richardson, 

J. Mackall, J. Smith, Mason, 

Marbury, J. T. Chase, Gust. Scott, 

Lee, Bond, Geo. Scott, 

Worthington, H. Wilson, Horsey, 

Carroll, Love, Lowes, 

S. Chase, Gilpin, Chaille, 

Paca, Ewing, Bishop, 

Wootton, D. Smith, Handy, 

J. Wilson, Edmondson, Robins. 

Bayly, 



214 



PROCEEDINGS OF THE CONVENTION 



[1776. 



NEGATIVE. 

Mr. Fitzhiigh, Mr. Ridgely, Mr. Shepherd, 

Bowie, Deye, Archer, 

Hammond, Stevenson, Sprigg. 

Williams, 
Ordered, That the president transmit a copy of the above reso- 
lutions to the judges of election for Kent county. 

On reading a second time the report of the committee of elec- 
tions, on motion of Mr. Paca, the question was put, That the de- 
legates of Charles county were duly elected? Resolved in the af- 
affirmative. 

AFFIRMATIVE. 



Mr. Barnes, 
Fenwick, 
B. Mackall, 
Grahame, 
Fitzhugh, 
J. Mackall, 
Bowie, 
Marbury, 
Sprigg, 
Hammond, 
Worthington, 
Carroll, 
Paca, 

Mr. Lee, 

S. Chase, 
Edmondson, 
Golsborough, 
Murray, 



Mr. Stevenson, 
Shepherd, 
J. Smith, 
J. T. Chase, 
Bond, 
H. Wilson, 
Love, 
Archer, 
Gilpin, 
Gibson, 
Bishop, 
Robins. 



Mr. Wootton, 
J. W^ilson, 
Bayly, 
Williams, 
Fischer, 
Sherdine, 
Edelen, 
Shriver, 
Beall, 
Stull, 

Schnebely, 
Ridgely, 
Deye, 

NEGATIVE. 

Mr. John Ennalls, Mr. Geo. Scott, 
Jos. Ennalls, Horsey, 

Potter, Lowes, 

Richardson, Chaille, 

Mason, Handy. 

In progression, on reading the report from the committee of elec- 
tions, on motion of Mr. S. Chase, Resolved, That the election for 
Prince George's county, not being held agreeable to the directions 
of the last convention, is void, and that an election for the said 
county be held by the judges appointed by the last convention, 
agreeable to the resolve and direction of the said convention, on 
Thursday the 22d instant, at the court house of the county, and that 
the members returned be discharged from further attendance in this 
convention. 

The yeas and nays being required, they were as follow • 



1776.] 



OF THE PROVINCE OF MARYLAND. 



215 



Mr. Barnes, 
Fen wick, 
Dent, 
Semmes, 
Parnham, 
B. Mackall, 
Grahame, 
Fitzhugh, 
J. Mackall, 
Worthington, 
Carroll, 
S. Chase, 
Paca, 
Wootton, 
J. Wilson, 
Bayly, 
WiJliams, 
Fischer, 



AFFIRMATIVE. 

Mr. Sheredine, Mr. D. Smith, 



Edelen, Edmondson, 

Shriver, Gibson, 

Beall, Goldsborough, 

Stull, Murray, 

Schnebely, John Ennalls, 

Ridgely, Jos. Ennalls, 

Deye, Potter, 

Stevenson, Richardson, 

Shepherd Mason, 

Smith, Gus. Scott, 

J. T. Chase, Geo. Scott, 

Bond, Horsey, 

H. Wilson, Lowes, 

Love, Chaille, 

Archer, Bishop, 

Gilpin, Handy, 

Ewing, Robins. 
NEGATIVE. 
Mr. Rezin Hammond. 

Resolved^ That the election for the lower district of Frederick 
county, (not being held agreeable to the directions of the last con- 
vention,) is void, and that an election for the said district be held 
by the judges appointed by the last convention, on Thursday, the 
22d instant, agreeable to the resolve and direction of the said con- 
vention, and that the members returned be discharged from further 
attendance in this convention. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. George Plater, a delegate returned for 
St. Mary's county, and Mr. Benjamin Brevard, a delegate returned 
from Cecil county, appeared and took their seats in the house. 

Ordered, That the four independent companies immediately pro- 
ceed to Elizabeth town in the Jerseys, and put themselves under 
the command of colonel Smallwood, subject to the further orders 
of the congress. 

Resolved, That the council of safety take such measures as they 
may think best to expedite their march, and to supply them with 
carriages and provisions on their march, and that the said compa- 
nies be deducted from the number of the militia required by con- 
gress of this colony to compose the flying camp. 



216 PROCEEDINGS OF THE CONVENTION [1776. 

Upon reading a remonstrance from the judges appointed by the 
last convention to hold the election of delegates for Worcester 
county, and it appearing to this convention from the said remon- 
strance, and the acknowledgement of the delegates attending, that 
the election for the said county was held contrary to the resolves of 
the last convention, ascertaining and declaring the qualitications 
of voters, Resolved^ That said election is null and void, and thatan 
election for the said county be held by the judges aforesaid, agree- 
able to the resolves of the last convention, on the 27th day of Au- 
gust, at the court house of the said county, and that the members 
now attending be discharged fiom further attendance. 

Resolved, That all friends to America, and to the interest, peace, 
good order and happiness of this province, are required, if neces- 
sary, to be aiding and assisting to the judges of the election of del- 
egates for Worcester county in the execution of their office, and 
this convention will support and maintain the said judges in the 
discharge of their duty, and such friends who shall give such aid 
and assistance as shall be necessarily required. 

Resolved, That the hours l"or sitting for despatch of the public 
business during this session be from nine o'clock in the morning 
until one in the afternoon, and from three till six. 

Ordered, That the following rules be observed during this session. 

That no member of the house use any reviling speeches, or 
name any member by his proper name, but shall use some other 
distinction, as the gentleman who spoke last, or the like. 

That none shall deliver his opinion, or speak to any debate, un- 
less he shall stand up in his place, and reverently direct his speech 
to the president. 

That no member speak above once on any debate' without license 
of the house declared by the president: and if two persons or more 
shall rise up together, the president shall appoint who shall speak 
first ; and no member shall interrupt any other until the gentle- 
man speaking hath ended. 

That no person come into the convention, while the same is sit- 
ting, with sword or other weapon, upon penalty of such fine as 
shall be imposed on them by the president not exceeding twenty 
shillings. 

That if any member be absent at the hours and place appointed, 
after the president and fourteen of the members are met, according 
to the order for sitting, he shall be fined according to the discretion 
of the president, not exceeding five shillings for any oftence, un- 
less upon such excuse as the president shall admit. 



1776.] 



OF THE PROVINCE OF MARYLAND. 



217 



All misdemeanors which shall happen in the house shall be cen- 
sured or fined in the house. 

That if any member of the convention depart without leave of 
the house, such member shall forfeit all his preceding allowances 
due to him for his attendance this session. 

That no question be determined the day on which it is debated, 
if any three members desire the determination to be postponed to 
another day. 

That no question be determined (except for adjournment from 
day to day) unless forty-five members with the president be 
present. 

On motion, the question was put, That the reverend Mr. Len- 
drum be desired to read prayers before the convention at nine 
o'clock in the morning during this session, and that Mr. Paca wait 
on Mr. Lendruvn for that purpose ? Resolved in the affirmative. 
AFFIRMATIVE. 



Mr. Murray, 

John Ennalls, 
Jos. Ennalls, 
Richardson, 
Mason, 
Gust. Scott, 
Geo. Scott, 
Horsey, 
Lowes. 



Mr. Barnes, Mr Carroll, 

Fen wick, S. Chase, 

Dent, Paca, 

Semmes, Sheredine, 

Parnham, Edelen, 

B. Mackall, Beall, 

Graham, Stull, 

Fitzhugh, J. T. Chase, 

Hammond, Edmondson, 

Worthington, Goldsborough, 
NEGATIVE. 

Mr. J. Mackall, Mr. Stevenson, Mr. Archer, 

Fisher, Shepherd, Gilpin, 

Schriver, J. Smith, Ewing, 

Schnebely, Band, D. Smith, 

Ridgely, H. Wilson. Brevard, 

Deye, Love, Gibson. 

Mr. Fisher has leave of absence. 
Convention adjourns till to-morrow morning, 9 o'clock. 

FRIDAY, August 16, 1776. 
Convention met. All members present as on yesterday, except 
Mr. Fisher. The proceedings of yesterday were read. Mr. R. T. 
Hooe, a delegate returned for Charles county, appeared and took 
his seat in the house. 
28 



218 PROCEEDINGS OF THE CONVENTION [177(f- 

The council of safety laid before the convention the declaration 
of congress, that the united colonies are free and independent 
states, which was received after the rising of the last convention, 
and thereupon ordered that the same be taken into consideration 
to-morrow morning. 

The petition of sundry freeholders and freemen of Kent county, 
praying that the proceedings on the late election for the said coun- 
ty may be rendered void, and that at a new election every associa- 
tor resident of the county one year, and twenty-one years of age, 
might be enabled to vote, was read and rejected. 

On motion of Mr. Samuel Chase, Resolved, That the council of 
safety be directed to purchase of the managers of the gun manu- 
factory of Dorchester county, all the muskets they have by thera, 
both finished and unfinished, and that they indemnify the said man- 
agers for the money they have expended on the said muskets and 
manufactory. 

Ordered, That the guns taken by the guard under the command 
of major Follin be delivered to the order of the council of safety. 

On motion of Mr. Parnham, Resolved, That the militia for the flying 
camp be entitled to pay and rations from the time they march from 
home to enter into actual service, or from the dates of the com- 
missions of their respective oflicers, where they have not entered 
into actual service : That the pay and rations be advanced to this 
state, and the continent charged therewith. 

On motion of Mr. Samuel Chase, Resolved, That the council of 
safety direct such of the militia as have been raised for the flying 
camp, and can be armed and equipped, to march with all expedition 
to the Jerseys. 

The committee of elections report to the house. That Turbutt 
Wright, James Kent, Solomon Wright, and William Bruff, Esquires, 
are returned by John Seney, Basil Warfield, and Vachel.Downes, 
appointed by the freemen of Queen Anne's county judges of the 
election, as duty elected delegates for ihe said county — thereupon 
the convention taking the same into consideration. Resolved, That 
the election of delegates for Queen Anne's county, not being held 
agreeable to the directions of the last convention, is void ; and 
that an election for tiie said county be held by the judges appoint- 
ed by the last convention, agreeable to the directions and resolves 
of the said convention, at the house of Mr. George Hanson, on 
Monday the 26th instant — and that the members returned be dis- 
charged from further attendance. 

Adjourned till 3 o'clock. 



1776.] OF THE PROVINCE OF MARYLAND. 219 

POST MERIDIEM. 

Convention met. 

On motion of Mr. Samuel Chase, Resolved, That the council of 
safety advance eight hundred dollars to Lonwick Weltner, major 
of the German battalion, to furnish the companies raised in this 
colony with arms, blankets, and all necessary accoutrements, he to 
be accountable to the connrress, to whom the said money be charged. 

On motion of Mr. Samuel Chase, Resolved, That the brigadier- 
general of the flying camp, if acting in conjunction with the regu- 
lar troops of this colony, be subject to the command of colonel 
Smallwood. 

On motion, the question was put, That the appointment of mil- 
itary officers be by ballot ? Carried in the negative. 

On motion of Mr. Fitzhugh, That captain Rezin Beall be briga- 
dier-general of the militia of Maryland to compose a part of the 
flying camp ? The previous question was called for and put, wheth- 
er the above question be now put.'' Carried in the negative. 

On motion of Mr. Samuel Chase, Resolved, That no military officer 
be appointed, unless by a majority of the house, consisting of forty- 
five members with the president. 

The convention proceeded to the choice of a brigadier-general 
for the flying camp in the room of general Dent who had resigned, 
when Resin Beall, Esquire, was elected. 

On motion of Mr. Gustavus Scott, Resolved, That the seat of 
every member of this house, who shall hereafter accept a com- 
mission in the flying camp, shall be thereby vacated. 

The convention proceeded to the choice of a colonel for the bat- 
talion raised on the eastern-shore for the flying camp in the room 
of James Kent, Esquire, when William Richardson, esquire, was 
elected. 

William Whitely, esquire, was then elected lieutenant-colonel of 
the said battalion. 

Convention adjourns till to-morrow morning at 9 o'clock. 

SATURDAY, August 17, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Richarson The proceedings of yesterday were read. 

On motion of Mr. Gustavus Scott, Resolved, That a committee 
be appointed to examine and adjust the several claims on the trea-' 
sury ; and Mr J. Smith, Mr. Hooe, Mr .Grahame ,Mr. Worthinglon, 
and Mr. Sheredine, were elected by a ballot a committee for that 
purpose. 



220 PROCEEDINGS OF THE CONVENTION [1776. 

Mr. Charles Carroll, of Carrollton, a delegate returned for the 
city of Annapolis, appeared and took lijs seat in the house. 

On motion of Mr. Plater, Resolved, That Mr. Thomas Gassaway 
jun. he added to the signers of the bills of credit. 

On motion Resolved, That a delegate be elected for Caroline 
county in the room of Mr. William Richardson, whose seat is 
vacated by his acceptance of a colonel's commission in the flying 
camp; that the said election be held on the -iGth of this month at 
Melvill's warehouse in said county, by Foster Goldsborousrh, Jere- 
miah Colston, and John White, esquires, or any two or one of them, 
and that the said election be held and made agreeable to the direc- 
tions and resolves of the last convention. 

Resolved, That Mr. Robert Cairipbell be appointed adjutant to 
the eastern-shore battalion of militia for the flying camp. 

Agreeable to the order of the day, the convention took into 
consideration the resolution of congress declaring the united colo- 
nies free and independent states, and thereupon Resolved unani' 
moiisly, That this convention will maintain the freedom and inde- 
pendency of the United States with their lives and fortunes. 

Doctor John Hindman was appointed surgeon to the eastern- 
shore battalion of millia for the flying camp. 

On reading a petition from Thomas Harwood of Anne- Arundel 
county, Resolved, That a committee be appointed to receive pro- 
posals relating to the establishment of manufactories, and report 
their opinion thereon ; and Mr. Gilpin, Mr. Lowes, Mr. Ridgely, 
Mr. Ewing, and Mr. Beall, were elected by ballot a committee for 
that purpose. 

On motion of Mr. Samuel Chase, Resolved, That a committee be 
appointed to examine and report the state of the accounts and 
proceedings of the commissioners of the loan office; and Mr. 
Grahame, Mr. Barnes, and Mr. Carroll, of Carrollton, were elected 
by ballot a committee for that purpose. 

Ordered, That the committee of claims report to the convention 
the number apd denominations of the bills of credit emitted by re- 
solutions of the convention in July, 1775, which have been ex- 
changed by the treasurers of this state for bills of credit emitted by 
resolution of the convention in December last; also the number 
and denominations of the formei bills of credit now remaining in 
the hands of the said treasurers. 

On motion of Mr. Samuel Chase, Resolved, That a committee 
be appointed to prepare a declaration and charter of rights, and a 
plan of government agreeable to such rights as will best maintain 
peace and good order, and most effectually secure happiness and 
liberty to the people of this state. 



1776.] 



OF THE PROVINCE OF MARYLAND. 



221 



On motion, Resolved, That the president apply to congress for 
the sum of ten thousand pounds, to reimburse in part the expense 
incurred in this state for the continent. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. James Lloyd Chamberlaine, a delegate re- 
turned for Talbot county, appeared and took his seat in the house. 

On motion, the question was put, That the nomination of the 
committee for preparing a bill of rights, and a form of goverment, 
be postponed until there is afull representation of this state in con- 
vention? Carried in the negative. 

On motion of Mr. Fitzhugh, That all questions to be agitated in 
this house be determined viva voce, and that balloting on any ques- 
tion whatsoever be exploded, as it has a tendency to deceive the 
good people of this state, and to conceal the conduct of their re- 
presentatives from them ? An amendment was proposed to be insert- 
ed after the word exploded, in these words, except in the appointment 
of committees, on which amendment the question was put, and re- 
solved in the affirmative. 





AFFIRMATIVE. 




Mr. Fenwick, 


Edelen, 


Edmondson, 


Plater, 


Schriver, 


Gibson, 


Hooe, 


Beall, 


Chamberlaine, 


Dent, 


Stull, 


Goldsborough, 


Semmes, 


Shnebely, 


Murray, 


Parnham, 


Shepherd, 


John Ennalls, 


B. Mackall, 


J. Smith, 


Jos. Ennalls, 


Grahame, 


J. T. Chase. 


Potter, 


Worthington, 


H. Wilson, 


Mason, 


Carroll, barrister, 


Archer, 


Gus. Scott, 


S. Chase, 


Gilpin, 


Geo. Scott 


Paca, 


Ewing, 


Horsey, 


Carroll of Car. 


D. Smith, 


Lowes. 


Sheredine, 


Brevard, 
NEGATIVE. 




Mr. Barnes, 


Mr. Ridgely, 


Mr. Bond, 


Fitzhugh, 


Deye, 


Love. 


Hammond, 


Stevejison, 





The question was then put. That all questions to be agitated in 
this house be determined viva voce, and that balloting on any 



222 



PROCEEDINGS OF THE CONVENTION 



[1776. 



question whatsoever be exploded, except in the appointment of 
committees, as it has a tendency to deceive the good people of 
this state, and to conceal the conduct of their representatives from 
them? Resolved, in the affirmative. 



Mr. Plater, 
Dent, 
Parnham, 
B. Mackall, 
Grahame, 
Fitzhugh, 
Hammond, 
Worthington, 
Carroll, barrister, 
S. Chase, 
Paca, 



FOR THE AFFIRMATIVE. 

Mr. Carroll of Carr. Mr. Shepherd, 
Slieredino, 



F.delen, 

Schriver, 

Beall, 

Stull, 

Schnebely, 

Ridgely, 

Deye, 

Stevenson, 

NEGATIVE. 



J. T. Chase, 

Bond, 

D. Smith, 

Edmondson, 

Gibson, 

Murray, 

Jos. Ennalls, 

Mason, 

Horsey. 



Mr. John Ennalls, 
Potter, 
Gust. Scott, 
Geo. Scott, 
Lowes. 



Mr. Barnes, Mr. Archer, 

Fenwick, Gilpin, 

Hooe, Ewing, 

J. Smith, Brevard, 

H. Wilson, Chamberlaine, 

Love, Goldsborough, 

The convention then proceeded to ballot for a committee to pre- 
pare a declaration and charter of rights, and a form of government 
for this state; and Mr. President, Mr. Carroll, barrister, Mr. Paca, 
Mr. Carroll of CarroUton, Mr. Plater, Mr. Samuel Chase, and Mr. 
Goldsborough, were elected a committee for that purpose. 

On motion. Resolved, That captain Thomas Bourke's company 
of the flying camp be added to and compose part of colonel Rich- 
ardson's battalion. 

Convention adjourns till to-morrow morning at 9 o'clock. 

MONDAY, August 19, 1776. 

Convention met. All members present as on Saturday, except 
Mr. Hammond. The proceedings of Saturday were read. 

On reading a memorial from the officers of colonel Josias Carvil 
Hall's battalion. Resolved, That the captains, lieutenants, and en- 
signs, belonging to that part of the flying camp allotted to be raised 
by this state, are entitled to and shall receive pay and rations from 
the date of their respective warrants, in lieu of all recruiting ex- 
penses, provided such oflScers have or shall obtain commissions ; 



1776.] OF THE PROVINCE OF MARYLAND. " 223 

or from the dates of their commissions, where no warrants have 
been previously issued. 

A petition from Thomas Wilson of the city of Annapolis, pray- 
ing a remission of the fine set upon him by the committee of ob- 
servation for Anne Arundel county, for not having enrolled in some 
company of militia, was read and referred to the consideration of 
the committee of observation for Anne Arundel county aforesaid. 

A petition from Thomas French, late sheriff, and George French, 
present high sheriff of Frederick county, was read and ordered to 
lie on the table. 

The council of safety laid before the convention an inventory of 
sundry articles taken out of a small sloop, drifted ashore in this 
state from the British fleet under the command of lord Dunmore, 
and now stored by order of major Price, which was read. 

Resolved, That a committee be appointed to take the subject 
matter into consideration, and report in what manner such articles 
and prizes of the like nature are to be disposed of; and Mr. Paca, 
Mr. Gustavus Scott, and Mr. Hooe, were elected by ballot a com- 
mittee for that purpose. 

On motion, Ordered, That the council of safety be directed to 
advance the sum of ten pounds to Mr. James Hopkins, to enable 
him to construct a machine according to proposals communicated 
to this house. 

On motion. Ordered, That the resolution of Saturday, respectino- 
the declaration of independence, be published in the Maryland 
Gazette. 

The council of safety laid before the convention sundry papers 
and depositions relative to the reverend John Scott, and several de- 
positions taken by George Plater and John Hall, esquires, rela- 
tive thereto ; thereupon it is ordered, that a committee be appoint- 
ed to take the same into consideration, and report their opinion 
thereon ; and Mr. Samuel Chase, Mr. Jeremiah Townley Chase, 
Mr. Paca, Mr. Worthington, Mr. Ridgely, and Mr. Chamberlaine, 
were elected by ballot a committee for that purpose. 

On reading the depositions laid before the convention by the 
council of safety against Isaac Costin, Ordered, That the same be 
taken into consideration on Monday, the 2d of September next. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

Sundry depositions against William B. Townsend of Worcester 
county, and Joseph Wheland, jr., John Evans, Robert Howith, and 



224 PROCEEDINGS OF THE CONVENTION [1776. 

Basil Clarkson, of Dorchester county, were read and referred to the 
committee appointed to consider of the several depositions and pa- 
pers relative to the reverend Mr. Scott. 

A petition from Abraham Lingenfelter, David Aspangh, and 
Henry Barnes, languishing prisoners in Frederick county jail, and 
sundry petitions from William Field, Robert Field, Jeremiah Field, 
Joseph Field, Seymour York, Robert Turner, Samuel Devinny, 
Stephen Ceffney, and Frederick Craft, now confined in Frederick 
town, Frederick county, were read and ordered to lie on the table. 

Mr. Mackall has leave of absence. 

Convention adjourns till to-morrow, three o'clock in the after- 
noon. 

TUESDAY, August 20, 1776. 

Convention met. All members present as on yesterday, except 
Mr. B. Mackall. The proceedings of yesterday were read. Mr. 
Hammond appeared in the house. Mr. Jeremiah Jordan, a dele- 
gate returned from St. Mary's county, appeared and took his seat 
in the house. 

The convention proceeded to elect a surgeon to colonel Thomas 
Ew^ng's battalion of militia for the flying camp, when Dr. John 
Dorsey was elected. 

A petition from Thomas Watkins, and others, inhabitants of 
Anne Arundel county, praying to be permitted to form themselves 
into En independent militia company, was read ana rejected. 

A memorial from Charles Dashiell, of Somerset county, and a 
petition from George Dashiell and William Dashiell of said county 
were read and ordered to lie on the table. 

Convention adjourns till to-morrow morning, 9 o'clock. 

WEDNESDAY, August 21, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. 

On motion. Resolved, That three persons be appointed a board 
to continue the books of accounts of the expenditure, loan or dis- 
position of all public monies, by or under the authority of the con- 
vention, or council of safety, opened by the late board, with pow- 
er to audit, examine and adjust all accounts and sums of money 
due from or to this state, and that they transmit the same, with the 
respective balances struck, to this convention when sitting, and in 
their recess to the council of safety, for their examination and 
control. 



1776.] OF THE PROVINCE OF MARYLAND. "■ 225 

That the said commissioners, before they enter upon the execu- 
tion of their trust, take an oath or affirmation, carefully and accu- 
rately to audit, examine and adjust all accounts and sums of money 
due from or to this state, and that they will not allow any claim 
against the public but what they in their judgment and conscience 
shall deem just and right ; and that they will keep just and true ac- 
counts, and will transmit the same, with the respective balances 
struck, to the convention, or in their recess to the council of safety, 
for their examination and control ; and that the said commissioners 
will keep secret all such matters or things as come before them in 
the execution of their said trust, they shall be enjoined to keep se- 
cret by the convention or council of safety. 

Resolved, That there be a clerk to the said board of commission- 
ers, and that the said clerk be allowed ten shilling for every day he 
shall attend such service, and that he take an oath before he enters 
on the execution of his office, that he will faithfully and truly enter 
all accounts, and make all such entries as he shall be directed by 
the said commissioners, and shall also take the oath of secrecy as 
above directed to be taken by the commissioners. 

Resolved.^ That Mr. John Davidson, Mr. Thomas Brooke Hodg- 
kin, and Mr. William Wilkins, be appointed commissioners for the 
said board, that any two of them have power to act, and that each 
of them be allowed ten shillings per day for their trouble for every 
day they shall attend such service. 

On motion. Resolved, That a committee be appointed to enquire 
how far the resolve of the last convention of the 6th of July, for 
raising two companies of rifle men and four companies of Ger- 
mans, has been complied with, and into the expenditure of the 
money advanced for the raising those companies, and report the 
same to this convention ; and Mr. Ridgely, Mr. Love, Mr. Archer, 
Mr. Stull, and Mr. Sheredine, were elected by ballot a committee 
for that purpose. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. Potter and Mr. Mason have leave of ab- 
sence. 

Mr. John Muir was appointed clerk to the board of accounts. 

Mr. H. Wilson has leave of absence. 

The committee appointed to report on the establishment of man- 
ufactories bring in and deliver to Mr. President the following re- 
port : 

"Your committee appointed to examine and price the linen 
29 



026 PROCEEDINGS OF THE CONVENTION [17 7«. 

brought in and delivered by John Archer, and James Harris, do re- 
port, that they have brought in the following pieces, viz : 
No. 1 containing 22 yards, at 4s 3d per yard. 

4 45J 4s 3d 

2 52 3s 9d 
6 52 3s 9d 

3 421 3s 3d 

5 55 3s 3d 

All which is submitted to the honorable house. 
•'Signed per order of the committee, 

JOHN JOHNSON, clerk." 
Which was read and ordered to lie on the table. 
Convention adjourns till to-morrow 3 o'clock in the afternoon. 

THURSDAY, August 22, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Potter, Mr. Mason, and Mr. H. Wilson. The proceedings of 
yesterday were read. 

The committee for that purpose appointed bring in and deliver 
to Mr. President a report relating to the establishment of manufac- 
tories, which was read and ordered to lie on the table. 

To prevent confusion and discontent among the officers in the 
regular and militia service of this state respecting rank, on motion 
of Mr. Fitzhugh, Resolved, That all officers in the regular service, 
when acting in conjunction with the militia, by detachment or other- 
wise, shall take rank and command of all officers of the militia of 
the same denomination, without regard to the date of their respec- 
tive commissions, and not otherwise; but this regulation shall not 
effect the resolve of Friday last, relative to colonel Smallwood's 
taking command of the brigadier appointed to the flying camp. 

The proceedings of the council of safety were laid before the 
convention and ordered to lie on the table. 

A petition from part of the independent company of regular 
troops lately commanded by captain Rezin Beall, praying that their 
third lieutenant should be appointed captain of the company, was 
read and rejected. Mr. Bennett Bracco was then appointed cap- 
tain, Mr. John Halkerston first lieutenant, Mr. Daniel Jenifer 
Adams second lieutenant, and Mr. Thomas Beal third lieutenant 
of said company. 

On reading a second time the report from the committee appoint- 
ed to receive proposals relating to the establshment of manufac- 
tories, the convention took the same into consideration, and there- 
upon Resolved, That the sum of one hundred pounds be advanced 



177«.] OF THE PROVINCE OF MARYLAND. 227 

out of the public treasury, to Thomas Harwood, of Anne Arundel 
county, to enable him to carry on a stocking manufactory, he giving 
bond with good security to repay the same in one year from the 
date of his bond, in good merchantable thread or yarn stockings, 
at such prices as the convention, or in their recess the council of 
safety, shall adjudge. 

Convention adjourns till to-morrow^, 3 o'clock in the afternoon. 

FRIDAY, August 23, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Samuel Hughs, a dele- 
gate returned for the upper district of Frederick county, appeared 
and took his seat in the house. 

Mr. President communicated to the convention a letter from the 
secretary of the board of war, of the (Jth day of this instant, rela- 
tive to prisoners of war, and officers of the troops raised in this 
state for the continental service, which was read. Thereupon Or- 
dered, That the same be referred to a committee to report a list 
of such prisoners and of such officers, their rank and dates of com- 
missions, and the the time for which their men were enlisted ; and 
Mr. Sheredine, Mr. Hughs, and Mr. Edelen, were elected by ballot 
a committee for that purpose. 

A letter from Mr. Stone of the twenty first of this instant, with 
resolutions of congress of the twenty sixth of June and seven- 
teenth of August, were laid before the convention by the president, 
and read. Ordered, That a committee be appointed to take the 
same into consideration, and report their opinion thereon to the 
convention ; and Mr. Fitzhugh, Mr. Plater, and Mr. Carroll of 
Carrollton, were elected by ballot a committee for that purpose. 

On motion, Resolved, That the appointment of commanders for 
the vessels and armed boats ordered to be fitted ovA by the last 
convention, be made by the council of safety. 

A memorial from James Cunningham, relative to a sloop drifted 
ashore in this state from the British fleet under the command of 
lord Dunmore, was read, and referred to the committee appointed 
to report how captures shall be disposed of. 

Mr. Thomas Sprigg Wootton and Mr. William Bayly, jun. dele- 
gates returned for the lower district of Frederick county, appeared 
and took their seats in the house. 

The convention appointed John Hall, Esquire, judge of the court 
of admiralty, in the room of William Hayward, Esquire, who re- 
signed. 

A petition from Robert Long of Baltimore county was read and 
rejected. 



228 PROCEEDINGS OF THE CONVENTION [1776. 

The committee of elections report to the convention, That by the 
return from the lower district of Frederick county, Thomas Sprigg 
Wootton, Jonathan Wilson, William Bayly, jun., and Elisha Wil- 
liams, Esquires, were duly elected for the said district, agreeable 
to the resolve of the last convention. 

Mr. Semmes has leave of absence for a few days ; Mr. Sheredine 
till Thursday next, Mr. Ridgely till Tuesday next, and Mr. Steven- 
son and Mr. Shepherd till Monday next. 

Convention adjourns till to-morrow morning, 9 o'clock. 

SATURDAY, August 24, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Semmes, Mr. Sheredine, Mr. Ridgely, Mr. Shepherd, and Mr. 
Stevenson. The proceedings of yesterday were read. 

Ordered, That the commissions of the officers of the indepen- 
dent company of militia for the flying camp bear date respectively 
from the time they completed the number of men required by the 
officers of the battalions for the flying camp. 

Convention adjourns till Monday, 3 o'clock in the afternoon, 
and from thence till Tuesday, 9 o'clock in the morning. 

TUESDAY, August 27, 1776. 

Convention met. All members present as on Saturday. The 
poceedings of Saturday were read. Mr. Jonathan Wilson and 
Mr. Elisha Williams, delegates returned for the lower district of 
Frederick county, and Mr. Thomas Ringgold, a delegate returned 
for Kent county, appeared and took their seats in the house. Mr. 
Henry Wilson and Mr. Stevenson appeared in the house. 

Mr. Plater brings in and delivers to Mr. President a declaration 
and charter of rights, which was read, and ordered to be printed 
for the consideration of the members. 

Brice T. B. Worthington, Charles Carroll, barrister, and Samuel 
Chase, Esqrs., having informed the convention, that they, having 
received instructions from their constituents, enjoining them, in 
framing of a government for this state, implicitly to adhere to points 
in their opinion incompatible with good government and the public 
peace and happiness, were obliged extremely against their inclina- 
tions to resign their seats, and that they resigned accordingly. Re- 
solved, That the seats of the said Brice T. B. Worthington, Charles 
Carroll, barrister, and Samuel Chase, Esqrs., are vacated by such re- 
signation. 

A petition from sundry free voters of Anne Arundel county, 
praying that a new election of delegates for said county might be 



1776.] OF THE PROVINCE OF MARYLAND 229 

ordered, was read. Ordered, That the same be taken into consid- 
eration on Thursday next. 

Convention appointed Mr. Thomas Beall, second lieutenant of 
captain Bennett Bracco's independent company of regular troops, 
in the room of Mr. Daniel Jenifer Adams, and Mr. Colmore Wil- 
liams third lieutenant of said company. 

Mr. Parnham has leave of absence till Monday next. 

Ordered, That three persons be added to the committee of elec- 
tions ; and Mr. Grahame, Mr. Fitzhugh, and Mr. Paca, were elect- 
ed by ballot to be of the said committee. 

On motion, Resolved, That the depositions of captain James Dis- 
ney, lieutenant Samuel Godman, lieutenant Joseph Burgess, and 
Mr. Thomas Harwood, relative to the late election for Anne- Arun- 
del county, be taken before some magistrate as speedily as possible, 
after due notice to Mr. Rezin Hammond and some of the petition- 
ers against the said election. 

Mr. Dent has leave of absence for a few days. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. Fischer appeared in the house. 

A remonstrance from George Davy, of Frederick county, was 
read and referred to the committee appointed to receive proposals 
relating to the establishment of manufactories. 

The committee of elections report to the convention. That by 
the return for Kent county, Thomas Ringgold, William Ringgold 
of Eastern Neck, Joseph Earle, and Thomas Smyth, Esqrs., are 
duly elected delegates for the said county, agreeable to the resolves 
and directions of the last convention. 

On motion of Mr. Paca, Resolved, That an election of three del- 
egates for Anne Arundel county be held on Wednesday the fourth 
of September next, at the city of Annapolis, by John Weems, 
Thomas Dorsey, and Thomas Watkins, Esqrs., or by any two or 
one of them, according to the resolves of the last convention, and 
that the said judges give due notice thereof, by setting up adver- 
tisments in the most public places in the said county. 

Proposals from Valentine Reintzel and Anthony Gossler, of 
Frederick county, for raising a company of rifle-men, was read and 
unanimously rejected. 

Convention adjourns till to-morrow morning, 9 o'clock. 



230 PROCEEDINGS OF THE CONVENTION [1776. 

WEDNESDAY, August 28, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Parnham. The proceedings of yesterday were read. Mr. 
Ridgely and Mr. Shepherd appeared in the house. 

A petition from the inhabitants of the city of A^nnapolis, to be 
reinstated in their former right of voting for representatives for 
Anne Arundel county, and proposals from Elisha Winters, to take 
the Frederick gun-lock factory, were read and ordered to lie on the 
table. 

On motion of Mr. T. Ringgold, Resolved, That a committee be 
appointed to enquire into and report what progress has been made 
in the different manufactories erected, or about to be erected in 
this state, in pursuance of the sundry proposals made to and ac- 
cepted by the conventions and councils of safety, and into the ex- 
penditure of all public moneys advanced to the undertakers of public 
and private manufactories, and to issue summonses for all such per- 
sons to attend them as they may judge necessary, and to consider 
of the proposals this day made by Elisha Winters, and report there- 
on ; and Mr. T. Ringgold, Mr. J. Smith, Mr. Grahame, Mr. Hooe, 
and Mr. Chamberlaine, were elected by ballot a committee for that 
purpose. 

Mr. Paca brings in and delivers to Mr. President a report from 
the committee appointed to consider of the several depositions and 
papers relative the reverend Mr. Scott, which was read and ordered 
to lie on the table. 

On motion of Mr. Goldsborough, Resolved, That a committee be 
appointed to enquire into and report the state and condition of the 
log jail in Frederick town, how the money granted for building the 
same has been expended, and in what manner the prisoners con- 
tained therein are treated, and also to enquire into and report the 
state and condition of the county jail ; and Mr. Edelen, Mr. Woot- 
ton, and Mr. Hughs, were elected by ballot a committee for that 
purpose. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. William Ringgold and Mr. Joseph Earle, 
delegates returned for Kent county, appeared and took their seats 
in the house. 

The report relative to the reverend Mr. Scott was read a second 
time, and it being represented to the house that Mr. Scott was not 
desirous of being heard, but was ready to submit to the determina- 
tion of the convention, the said report was taken into considera- 



1776.] 



OF THE PROYINCE OF MARYLAND. 



231 



tion, and, on motion of Mr. J. T. Chase, the question was put, 
That the said John Scott be committed to the custody of the sheriff 
of Frederick county, and there safe kept until the further order of 
the convention or supreme power of this state be known therein, 
and that the said John Scott pay into the hands of the treasurer of 
the western shore the sum of five hundred pounds common money, 
to be applied towards defraying his proportionable part of the ex- 
penses of the war incurred, or to be incurred, during the present 
contest between Great Britain and the United States ? Carried in 
the negative. 

NEGATIVE. 
Mr. Plater, Mr. Stevenson, Mr. T. Ringgold, 

Jordan, Shepherd, W. Ringgold, 

Grahame, J. Smith, Earle, 

J. Mackall, Paca, Edmondson, 

Hammond, Carroll, Gibson, 

J. Wilson, Bond, Chamberlaine, 

Williams, H. Wilson, Goldsborough, 

Fischer, Love, Murray, 

Edelen, Archer, John Ennalls, 

Schriver, Gilpin, Jos. Ennalls, 

Beall, Ewing, Geo. Scott, 

Hughs, D. Smith, Horsey, 

Deye, Brevard, 

AFFIRMATIVE. 

Mr. Barnes, Mr. Bayly, Mr. Ridgely, 

Hooe, Stull, J. T. Chase. 

Wootton, Schnebely, 

The question was then put. That the said reverened John Scott 
is a disaffected person, and has a dangerous influence in Somerset 
county, that he be removed from the said county to Frederick coun- 
ty, and that he give bond to the council of safety in the sum of one 
thousand pounds sterling, with good security, not to depart the said 
county, without leave of the convention, or council of safety, and 
that he will not correspond upon public matters with any person 
whatever.'' Resolved in the affirmative. 

Convention adjourns till to-morrow morning, 9 o'clock. 

THURSDAY, August 29, 1776. " 

Convention met. All members present as on yesterday, except 
Mr. Grahame. The proceedings of yesterday were read. 

On motion Resolved, That the reverend John Scott be discharg- 



232 PROCEEDINGS OF|THE CONVENTION [1776. 

ed from his recognizance and from any further attendance on this 
convention, on his giving bond agreeable to the resolve of yester- 
day; and that he be allowed a fortnight to settle his affairs and to 
remove himself and family to Frederick ; but the said John Scott 
is not to return to Somerset county, nor hold any conversation or 
correspondence with any inhabitant thereof upon public afl'airs du- 
ring ihat time. 

Ordered, That the clerk make out and deliver to Mr. Scott, a 
copy of the resolution respecting him. 

Mr. Fenwick has leave of absence. 

A petition from Conrad Theodore Wederstrandt, and a petition of 
John Wells of Baltimore county, for a sum of money to enable 
him to carry on a linen manufactory, were read and ordered to lie 
on the table. 

The order of the day for taking into consideration, the petition 
against Anne Arundel county election being read, Ordered, That 
the same be referred for consideration till Tuesday next. 

Mr. Edmondson, Mr. Gibson, and Mr. Shriver, have leave of ab- 
sence for a few days. 

On motion. Resolved, That the persons now confined in the log 
jail in Frederick county be removed to the public jail thereof, and 
be permitted to occupy the upper story, and to have the use of the 
prison yard in common with the debtors, until the further order of 
this convention, and that the guard be continued. 

Ordered, That the clerk make out and transmit a copy of the 
above resolution to the committee of observation for the middle 
district of Frederick county. 

Convention adjourns till to-morrow, three o'clock in the after- 
noon. 

FRIDAY, August 30, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Gibson, Mr. Schriver, Mr. Fenwick, and Mr. Hammond. The 
proceedings of yesterday were read. Mr. Sheredine, Mr. Potter, 
Mr. Mason, and Mr. Semmes, appeared in the house. Mr. Walter 
Bowie, Mr. Benjamin Hall, Mr. Osborn Sprigg, and Mr. Luke Mar- 
bury, delegates returned for Prince George's county, appeared and 
took their seats in the house. 

The committee of elections report to the convention, That Wal- 
ter Bowie, Benjamin Hall, Osborn Sprigg, and Luke Marbury, 
esqrs., are duly elected delegates for Prince George's county; and 
that Thomas Johnson, esqr., is duly elected a delegate for Caroline 
county. 



1776.] OF THE PROVINCE OF MARYLAND. 233 

Mr. Thomas Ringgold has leave of absence till Monday next, 
Mr. Fitzhugh till Tuesday next, and Mr. Chamberlaine fur a few 
days. 

A petition from the trustees of the poor of Frederick county 
for a sum of money, to be advanced them out of the public trea- 
sury, was read a:id ordered to lie on the table. 

Mr. Johnson appeared and took his seat in the house. 

On reading a second time the petition of Thomas French, late 
sheriff, and George -French, present sheriff of Frederick county, 
Ordered, That a committee be appointed to enquire into the truth 
of the facts therein set forth ; and Mr. Sheredine, Mr. Wootton, 
and Mr. Beall, were elected by ballot a committee for that purpose. 

A petition from Samuel Sharpe, of Talbot county, was read and 
ordered to lie on the table. 

On motion, Resolved, That two persons be added to the com- 
mittee appointed to prepare a declaration and charter of rights, and 
a form of government for this state; and Mr. Johnson and Mr. 
Hooe were elected by ballot to be of the said committee. 

On motion. Resolved, That Mr. Frederick Green be added to the 
signers of bills of credit. 

Mr. Horsey has leave of absence for a few days. 

Convention adjourns till to-morrow morning, 9 o'clock. 

SATURDAY, August 31, 1778. 

Convention met. All members present as on yesterday, except 
Mr. Fitzhugh, Mr. Ringgold, and Mr. Edmondson. The pro- 
ceedings of yesterday were read. Mr. Hammond appeared in the 
house. Mr. D. Smith has leave of absence till Monday week. 

On reading a second time the petition of Samuel Sharpe, setting 
forth, that he had, on the seventeenth day of December last, be- 
come secutity for a certain Isaac Atkinson, in a bond taken to 
Matthew Tilghman, Esquire, then President of the convention, in 
the sum of one thousand pounds currency, for the said Isaac 
Atkinson's future good behaviour; and that the said Isaac Atkinson 
had since fled from this state and joined the enemies thereof, and 
now assists the British fleet and army in waging war against the 
United States of America, and praying of this house to have the 
said bond put in suit ; and that as the estate of the said Isaac Atkin- 
son was daily wasting, they would also direct the said estate to be put 
under the care and direction of such person or persons as the house 
could confide in ; and it appearing to this convention that the said 
Isaac Atkinson hath for some time past absented himself from his 
home, and hath, as is reported and generally believed, joined the 
30 



234 PROCEEDINGS OF THE CONVENTION [1776. 

enemies of this state ; it is therefore Resolved, That William Hay- 
ward, Esquire, of Talbot county, take into his custody the real and 
personal estate of the said Isaac Atkinson within this state, he 
first giving bond to the president of this convention in the penally 
of two thousand pounds, conditioned that he will well and truly 
preserve and keep all the estate of the said Isaac Atkinson which 
shall come to his bands without waste or embezzlement, and return 
an inventory and appraisement on the oath of two freeholders, with- 
in six weeks after his taking thT said estate into his possession, and 
shall render a true and just account, and dispose of tlie said estate 
and all profits therefrom arising in such manner as shall be here- 
after directed by this convention or by lav? of this state, and that 
he will deliver in upon oath to the said appraisers the whole of the 
said estate which shall come to his hands. 

On motion of Mr. Johnson, Resolved, That the council of safety 
be empowered to purchase and store thirty thousand bushels of salt 
in such of the islands in the West Indies as they may think proper 
and by proper opportunities to import the same into this state, to 
be sold ont on the public account. 

The committee appointed to receive ])roposals relative to the 
establishment of manufactories and report their opinion thereon, 
bring in and deliver to Mr. President the following report: 

" Your committee of manufactories have considered the petition 
of John Wells, and are of opinion that it will not be of general and 
public utility to grant the said petition. All which is submitted to 
the honourable convention. 

" Signed by order of the.committee, 

NICHOLAS HARWOOD, elk." 

Which was read, and the question was put, That the house con- 
cur therewith ? carried in the negative. 

The petition was then read, and the convention taking the same 
into consideration, Resolved, That the sum of one hundred and 
fifty pounds be advanced by the council of safety to John Wells of 
Baltimore county, he giving bond with good security to repay the 
same in linen, at such price as the convention, upon view thereof 
and inspection of a bill of costs of the same, shall think proper to 
allow ; the said John Wells to deliver one third thereof within six 
months, and one third within nine months, and the remaining third 
within twelve months from the date of his bond, or to repay the 
said sum with interest at six per centum within one year, if the 
convention shall so order. 

On motion, Leave given to biing in an ordinance for the division 
of Frederick county into three distinct and separate counties. 



1776.] OF THE PROVINCE OF MARYLAND. 235 

On reading and considering (he petition of Conrard Theodore 
Wederstrandl, respecting an action commenced by him against 
Edward Meadows, Esq. commander of tiie Tartar man of war, in 
the provincial court, Resolved, That the said action, from the pe- 
culiar circumstances of the case, shall not abate by the death of 
either party, but that a trial of the same may be had, and judgment 
rendered, and all after process issue, as if both parties were living, 
without any regard to the death of either party: and if such death 
shall happen either before or after such trial, orjudgment, or pro- 
cess, such death shall not be pleadable by the special bail in such 
action in discharge of himself. 

Mr. Wootton brings in and delivers to Mr. President an ordi- 
nance for the division of Frederick county into three distinct and 
separate counties, which was read and ordered to lie on the table. 

Mr. Jordan has leave of absence for a few days. 

Convention adjourns till Monday, 3 o'clock in the afternoon. 

MONDAY, September 2, 1776. 

Convention met. All members present as on Saturday, except 
Mr. Horsey, Mr. Chamberlaine, Mr. D. Smith, Mr. Jordan, Mr. 
J. Smith, and Mr. Bowie. The proceedings of Saturday were 
read. 

Mr. Dent appeared in the house. Mr. Turbult Wright and Mr 
James Kent, delegates returned for Queen Anne's county, and 
Mr. Thomas Smyth, a delegate returned for Kent county, appeared 
and took their seats in the house. 

The committee of elections report to the convention, that by 
the return for Queen Anne's county, Turbutt Wright, James Kent, 
William Bruff, and Solomon Wright, Esquires, were duly elected 
delegates for said county. 

Mr. Chase brings in and delivers to Mr. President a report from 
the committee appointed to examine the papers and depositions 
laid before the convention, relative to the conduct of Isaac Costin, 
which was read in the following words, to wit. 

" By the committee appointed to examine the papers and de- 
positions laid before this convention, relative to the conduct of 
Isaac Costin, 

" Your committee beg leave to report, that they have examined 
the said papers and depositions, from which it appears, that about 
the middle of June last, Isaac Costin with many others went to 
their neighbours' houses, to inform them that Job Ingram and 
Barkley Townsend had come express from Levvistown, to let the 
people of Somerset county know that a large number of men were 



236 PROCEEDINGS OF THE CONVENTION [1776. - 

coming from Lewistown to compel them to assent to indepen- 
dency. That Cosiin persuaded them to assemble at Merumsco 
dams to oppose it, and that in consequence of the said report, 
Isaac Co-tin with about two hundred people did assemi)le at Me- 
rumsco dams for the declared purpose of opposing indejjendency. 

"Your committee further report, that about the twentieth of June 
last, Isaac Costin, in company with several persons, some of 
whom were armed, damned the whigs and rebels, that the company 
huzzaed for king George the third, and said they would wash the 
shirtmens shirts for them. 

"Your committee further report, that sometime in the month of 
September or October last, the said Isaac Costin went with Levin 
Townsend on board of the man of war at Norfolk, and on their re- 
turning to their company, he strongly solicited and endeavoured to 
induce them to enlist under lord Dunmore, by offering them a guinea 
and a crown advance, and standing pay, a gun, bayonet, &,c. and a 
suit of regimentals each. That the said Isaac Costin highly approved 
of the proposition of Levin Townsend to fit out a privateer to cruise 
in the bay, and agreed to act as his lieutenant, and to proceed up Po- 
comoke river to take the committee of Worcester county prisoners, 
and to carry them to lord Dunmore. 

" All which is humbly submitted to the consideration of the 
honourable convention. 

Signed per order of the committee. 

JOHN JOHNSON, clerk." 

The order of the day for takinof into consideration the several 
depositions and papers relative to the conduct of the said Isaac 
Costin was then read, and referred till Monday the 16th instant. 

Convention adjourns till to-morrow morning, 9 o'clock. 

TUESDAY, September 3, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Parnliam, Mr. James 
Smith, Mr. T. Ringgold, and Mr. Bowie, appeared in the house. 

On reading propositions fiom Abraham Boyd of Prince George's 
county. Resolved, That a company of militia to be composed of 
not less than fifty men be inmiediately enrolled, and proper officers 
commissioned theieto, and that a warrant issue by the council of 
safety to Abraham Boyd for enrolling the said company, which 
shall be employed, paid, and continued for the same time as the 
militia lately raised in this state for the Hying camp, the said com- 
pany finding their own arms and blankets. 

Adjourned till 3 o'clock. 



1776.] OF THE PROVINCE OF MARYLAND. 237 

POST MERIDIEM. 

Convention met. Mr. Fitzluigh appeared in the house. Mr. 
Solomon Wright appeared and took his seat in the house. 

The order of the day for taking into consideration the petition 
against the election of delegates for Anne Arundel county, being 
read, the same was withdrawn at the request of the petitioners. 

Mr. Lowes has leave of absence. 

Convention adjourns till to morrow morning, 9 o'clock. 

WEDNESDAY, September 4, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Lowes, Mr. William Ringgold, Mr. Earle, and Mr. Turbutt 
Wright. The proceedings of yesterday were read. Mr. Peter Chaille, 
Mr. Samuel Handy, and Mr. Josiah Mitchell, delegates returned for 
Worcester county, appeared and took their seats in the house. 

Mr. Thomas Ringgold, from the committee appointed to enquire 
into the state and condition of manufactories, brings in and deliv- 
ers to Mr. President the following report: 

"In obedience to a resolve of the honorable convention, your com- 
mittee for enquiring into the state and condition of manufactories 
beg leave to report. That not having had time to inquire into the pro- 
priety of the particular charges made in an account lately exhibited 
by the commissioners of the gun-lock factory at Frederick town, beg 
leave to defer their opinion thereon until they have an opportu- 
nity of making the necessary inquiries, and until proper vouchers 
are produced. -Nevertheless, npon a general view of the account, 
your committee are enabled to report to your honorable house, that 
the sum of twelve hundred pounds common money has been ad- 
vanced ; that one thousand and seventy-six pounds nine shillings 
and eight pence has been laid out and expended, and that no more 
than to the amount of ein;hty-two pounds nineteen shillings and 
seven pence has been returned in work, valued in the opinion of 
your committee, at high prices, and only thirty-eight gun-locks have 
been produced ; that from the best information the expense of con- 
tinuing the factory on the public account will be very great, and 
under its present circumstances, no returns can be expected in any 
degree adequate to it. Your committee are therefore of opinion 
that the proposals of Elisha Winters of Chestertown, ought to be 
accepted on the following terms, viz: 

" That the present buildings shall be finished, and such other 
additional buildings erected as shall be thought necessary for the 
carrying on the factory, and that for the accommodation of Elisha 
Winters' family, and the hands employed in the said factory, that 



238 PROCEEIDNGS OF THE CONVENTION [1776. 

some convenient works shall be erected for the grinding and bor- 
ing bayonets, ramrods, and files, and other materials, and the stream 
of water that runs near the works shall be conveyed thereto, if to 
be done at a moderate expense, and with the consent of the pro- 
prietors of the land who will be affected by it; that the whole 
amount of the ground, buildings and other improvements, together 
with the value of the tools on hand, shall be ascertained, and that 
Elisha Winters shall pay interest thereon at the rale of six per 
centum from the first day of October next, by way of rent yearly; 
that the materials on hand shall be valued, and the amount deduct- 
ed out of the work to be received of him. 

"That the said Elisha Winters shall pay by way of hire yearly 
for the servants that have been bought on the public account, in 
proportion to the cost of each lespective servant, and the time he 
has to serve, to victual and clothe them at his own expense, to pay 
their levy and the necessary expense of a physician in case of sick- 
ness. 

"And your committee are of opinion, that the said ground, build- 
ings, and other improvements, tools and servants, shall remain 
under rent and hire respectively, on the above terms, after the ex- 
piration of the first year, if the said Elisha Winters shall continue 
to merit the confidence of the future legislature or governing pow- 
er of this state for the time being. 

" And your committee are further of opinion, that so long as the 
the said Elisha Winters continues to be a tenant to the public, he 
ought to furnish monthly at least one hundred and twenty-five good 
substantial muskets, well fitted with bayonets, steel ramrods, and 
strong neat mounting, and good double bridle locks, and swivels 
for slings, at four pounds five shillings common money for each, 
and if it should be in his power to make more than that number, 
your committee think he ought to deliver, and \.\\e public to receive 
them on the same terms ; and whenever he shall discontinue to 
rent and hire as aforesaid, your committee are of opinion, that the 
said Elisha Winters ought to deliver up the said buildings and im- 
provements in good order, and tools of the same kind and value of 
those that may be delivered to him, and the servants that may re- 
main alive and in servitude as well clothed as he receives them. 

"And if it should so happen that the said Elisha Winters should 
choose to purchase the whole property, that he shall have a right 
to do it on paying the sum on which he is to pay interest as afore- 
said, and the then value of the servants in proportion to their cost 
and the time they may have to serve respectively, in good muskets 
fitted as aforesaid, in monthly deliveries of at least one hundred 



1776.] OF THE PROVINCE OF MARYLAND. 239 

and twenty-five per month, and at the price aforesaid, and if it 
should be in his power to malce more, that he ought to deliver and 
the public on^lit to receive them. 

" Your coniinittee beg leave further to report to your honorable 
house, that upon inquiry they find that the said Elisha Winters has 
delivered inut^kets over and above the quantity stipulated to be de- 
liveied to this time by his present subsisting contract with the pub- 
lic, and that the said contract ought not to be binding on the said 
Elisha Winters longer than the commencement of a contract that 
may be entered into in consequence of this report. 

"And your committee are further of opinion, that such gun bar- 
rels as shall hereafter be furnished by Henry HoUingsvvorth of Cecil 
county, in consequence of his present or a future contract, ouwht 
to be delivered by him at his works to the said Elisha W^inters, to 
be accounted for at the rate of twenty shillings common money per 
barrel. 

" All which your committee beg leave to submit to the conside- 
ration of your honorable house. 

"Signed per order of the committee, 

JOHN JOHNSON, clerk. 

Which was read, and thereupon the convention taking the same 
into consideration, the question was put. That the house concur 
therewith ? Carried in the negative. 

The committee of elections report to the convention, that by the 
return from Worcester county, Samuel Handy, Peter Chaille, Smith 
Bishop, and Josiah Mitchell, esquires, are duly elected delegates 
for said county. 

On motion, Resolved, That the council of safety advance a 
month's pay to the officers and privates of captain Abraham Boyd's 
company. 

A memorial of captain William Stone of Baltimore county, was 
read and ordered to lie on the table. 

Mr. Handy has leave of absence. 

Convention adjourns till to-morrow, 3 o'clock in the afternoon. 

THURSDAY, September 5, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Handy. The proceedings of yesterday were read. Mr. Ed- 
mondson, Mr. Gibson, and Mr. Shriver, appeared in the house. 

Mr. Sheredine brings in and delvers to Mr. President a report from 
the committee appointed to take into their consideration the letter 
from the secretary of the board of war, of the sixth of August last, 
which was read and ordered to lie on the table. 



240 PROCEEDINGS OF THE CONVENTION [1776. 

Mr. Shepherd has leave of absence till Monday next. 
The convention appointed Capt. Peter Mantz major to colonel 
Griffith's battalion of militia for the flying camp. 

Convention adjourns till to-morrow morning, 9 o'clock. 

FRIDAY, September G, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Shepherd. The proceedings of yesterday were read. Mr. 
Lowes, Mr. T. Wright, Mr. W. Ringgold, and Mr. Earle appeared 
in the house. Mr. Joseph Ennalls has leave of absence. 

Whereas, the time limited by law for the receipts and inspection 
of tobacco at the public warehouses is expired, and it being repre- 
sented to this convention, that, in order to promote the interest of 
the good people of this state, it is imnjediately necessary that the 
inspectors should continue to receive, inspect, and deliver out, all 
tobacco that may be brought to the said warehouses : 

Resolved, That the several inspectors of this state shall continue 
to receive and inspect all tobacco brought to the said warehouses 
on or before the tenth day of November next, and the inspectors 
shall also at any time deliver out the tobacco already inspected, or 
so to be inspected, for exportation, without anyx)ath being previ- 
ously taken by the master or any other officer of the ship or vessel 
in which the same shall be exported, or the skipper of the craft to 
whom the said tobacco shall be delivered, in consequence of the 
act of assembly for the inspection of tobacco, any law to the con- 
trary notwithstanding. 

That any person or persons, who might act as inspector or in- 
spectors at any warehouse, on qualifying him or themselves as such, 
may, on taking the oath of inspector, be and continue inspector 
or inspectors until the tenth day of November next. 

That where any persons have been chosen by the vestries to be 
inspectors, and could not act as such without a warrant from the 
governor for the time being, the council of safety, or other execu- 
tive branch of the government of this state for the time being, may 
authorise any person so chosen to act as inspector. 

That, in any case where no person hath been chosen to be in- 
spector according to the said act for the inspection of tobacco, the 
council of safety, or other executive branch of the government of 
this state for the time being, may appoint and commission such 
good substantial planter as they may think fit and proper, residing 
in the neighborhood where he is to act, and being well skilled in 
tobacco, to act as inspector; and so may they, where there shall 
otherwise be no inspector at any warehouse, because of refusal or 



irte.] 



OF THE PROVINCE OF MARYLAND. 



241 



refusals to act, or the person or persons who might act, being out 
of this state: Piovided every such person to be appointed inspec- 
tor be first recommended as such by at least twenty reputable 
planters, and none of the said inspectors shall continue such by 
virtue of the said appointments, beyond the said tenth day of No- 
vember, and that every of them, before they act as inspector, take 
the oath of office. 

That the public shall not be liable in any event for the tobacco 
which may be carried to any of the warehouses before the said tenth 
day of November, nor shall any inspector be liable to make good any 
such, if the same shall happen to be destroyed by enemies, or be 
otherwise lost without the negligence of the inspector. 

That no inspector, who shall act in virtue of these resolutions, 
shall be entitled to any salary or allowance, other than two shillings 
and six pence currency for every hogshead of tobacco he shall in- 
spect, which shall be paid to him at the time of his delivering his 
note for such tobacco : And there shall also be paid to the seve- 
ral inspectors for warehouse rent, at the time of delivering out 
such tobacco, one shilling per hogshead, to be accounted for by 
them to the proprietor of the warehouse, or the public respectively. 

Ordered, That one hundred and eighty copies of the above re- 
solutions be immediately printed, and transmitted to the several 
counties of this state. 

On reading a second time the ordinance for the division of Fre- 
derick county, on motion, the question was put, That the conside- 
ration thereof be postponed till the next session of convention ? 
Carried in the negative. 

NEGATIVE. 

Mr. Barnes, Mr. Paca, 

Semmes, Wootton, 

Parnham, Bayly, 

Fitzhugh, Williams, 

J. Mackall, Sheredine, 

Bowie, Edelen, 

Hall, Beall, 

Sprigg, Hughs, 

Marbury, *, Stull, 

Hammond, Schnebely, 

AFFIRMATIVE. 
Mr. Hooe, Mr. W. Ringgold, Mr. Goldsborough, 

Dent, Earle, Murray, 

Carroll, T. Smyth, Gus. Scott, 

31 



Mr. Ridgely, 
Deye, 
Stevenson, 
J. Smith, 
H. Wilson, 
Love, 
Archer, 
Brevard, 
T. Ringgold, 
Johnson. 



242 PROCEEDINGS OF THE CONVENTION [177f. 

Mr. J. Wilson, Mr. T. Wright, Mr. Geo. Scott, 

Fischer, S. Wright, Lowes, 

Schriver, Edmondson, Mason, 

Bond, Gibson, Chaille. 

Ewing, 
The convention then proceeded to take the same into conside- 
ration, which was agreed to as follows: 

Whereas, it appears to this convention, that the erecting two new 
counties out of Frederick county will conduce greatly to the ease 
and covenience of the people thereof; 

Resolved, That after the first day of October next, such part of 
the said county of Frederick as is contained within the bounds and 
limits following, to wit: — beginning at the place where the tempo- 
rary line crosses the south mountain, and running thence by a line 
on the ridge of the said mountain to the river Potowmac, and 
thence with the lines of the said county so as to include all the 
lands to the westward of the line running on the ridge of the south 
mountain as aforesaid to the beginning, shall be and is hereby erect- 
ed into a new county by the name of Washington county. 

Resolved, That after the first day of October next, such part of 
the said county of Frederick as is contained within the bounds and 
limits following, to wit: beginning at the east side of the mouth 
of Rock creek on Potowmac river, and running with the said river 
to the mouth of Monocacy, then with a straight line to Par's spring, 
from thence with the lines of the county to the beginning, shall be 
and is hereby erected into a new county by the name of Montgo- 
mery county. 

Resolved, That the inhabitants of the said counties of Washing- 
ton and Montgomery shall have, hold, and enjoy, all such rights 
and privileges, as are held and enjoyed by the inhabitants of any 
county in this state. 

Resolved, That Messrs. Joseph Sprigg, Joseph Smith, John 
Barnes, Andrew Rench, Daniel Hughs, William Yates, and Con- 
rad Hogmire, shall be and are hereby appointed commissioners for 
Washington county ; and they or the major part of them shall be 
and are hereby authorized and required to buy and purchase in fee, 
a quantity of land not exceeding four acres, at or adjoining such 
place as a majority of voters within the limits of the said county, 
qualified as this convention shall hereafter direct, the election to be 
held at the place heretofore appointed for the choosing of delegates 
in this convention (the said commissioners giving ten days notice 
of the place and time of voting) for the purpose of building there- 
on a court house and prison for the said county ; and shall cause 



1776.] OF THE PROVINCE OF MARYLAND, 243 

the said land to be laid out by the surveyor of Frederick county 
with good and sufficient boundaries, and a certificate thereof to be 
returned and recorded in the records of the said county ; and the 
§aid commissioners or a major part of them shall draw their order 
on the sheriff of Washington county to pay such sum as shall be 
agreed upon for the said land, and the sheriff is hereby directed and 
required to pay the said order out of the money hereafter mention- 
ed, to be collected by him for that purpose; and such payment for 
the land shall invest the justices of Washington county and their 
successors with an estate in fee simple therein for the use of the 
said county forever : and if the said commissioners, or the major 
part of them, and the owner of the said land, shall differ about the 
value of the said land, in such case the commissioners, or the major 
part of them, shall be, and they are hereby authorized and empower- 
ed to order the sheriff of Washington county to summon twelve free- 
holders upon the said land, who shall be empanneled and sworn as 
a jury, to enquire the value of the said land ; and the said com- 
missioners, or the major part of them, shall draw their order on the 
sheriff of Washington county, to pay the said valuation, and the 
said sheriff is hereby directed to pay the said order out of the mo- 
ney hereafter mentioned to be by him collected for that purpose ; 
and upon his payment of the said order, the fee simple in the said 
land shall be invested, as aforesaid, in the justices of Washington 
county and their successors for the use of the said county for ever. 
Resolved, That Messrs. Nathan Magruder, John Murdock, Hen- 
ry Griffith, Thomas Cramphin, junior, Zadock Magruder, Allen 
Bowie, and John Wilson, be and are hereby appointed commission- 
ers for Montgomery county ; and they or a major part of them shall 
be and they are hereby authorized and required to buy and purchase 
in fee a quantity of land not exceeding four acres, at or adjoining such 
place as a majority of the voters within the limits of the said county, 
qualified as this convention shall hereafter direct, the election to be 
held at the place heretofore appoined for the choosing of delegates in 
convention (the said commissioners giving ten days notice of the 
time and place aforesaid) for the purpose of building thereon a court 
house and prison for the said county ; and shall cause the said land to 
be laid out by the surveyor of Montgomery county with good and suf- 
ficientboundaries, and a certificate thereof to be returned and record- 
ed in the records of the said county ; and the said commissioners 
or the major part of them shall draw their order on the sheriff of 
Montgomery county, to pay such sum as shall be agreed upon for 
the said land, and the sherifl' is hereby directed and required to pay 
the said order out of the money hereafter mentioned to be collect- 



244 PROCEEDINGS OF THE CONVENTION [1776. 

ed by him for that purpose ; and such payment for the land afore- 
said shall invest the justices of Monto'omery county and their suc- 
cessors with an estato in fee simple tlierein for the u^e of the said 
county for ever: and if the said commissioners or the major part 
of them, and the owner of the said land, shall differ about th:; value 
of the said land, in such case the commissioners or the major part 
of them shall be, and they are hereby authorized and empowered to 
order the sherifTof Montgomery county to summon twelve freehold- 
ers upon the said land, who shall be empanneled and sworn as a 
jury, to enquire the value of the said land ; and the said commis- 
sioners or the major part of them shall draw their order upon the 
sheriff of Montgomery county to pay the said valuation ; and the 
said sheriff is hereby directed to pay the said order out of the mo- 
ney hereafter mentioned to be by him collected for that purpose ; 
and upon his payment of the said order, the fee simple in the said 
land shall be invested, as aforesaid, in the justices of Montgomery 
county and thir successors for the use of the said county forever. 

Resolved, That the justices of Washington and Montgomery 
counties, or the major part of them, respectively, be pnd they are 
hereby authorized to contract and agree for a convenient place in 
each of the said counties, to hold the courts for the said counties, 
and to contract and agree for a convenient place in each of the 
said counties for their books, papers, and other records, and also 
for a fit building for the custody of the prisoners ; and the said 
courts shall be held, and records kept, at such places respectively, 
until the court house and prison for the said counties respectively 
shall be erected and built ; and the charge and expense of such 
places shall be defrayed by the said counties respectively, and asses- 
sed with the public and county levy. 

Resolved, That the justices of the said counties respectively shall 
be and they are herel)y authorized and required to assess and levy, 
on the taxable inhabitants of the said counties respectively, with 
the public and county levy, as much money as will pay for the 
purchase or valuation of the land aforesaid, together with the sher- 
iff's salary of such per centum as may be hrreMfier nliowed for col- 
lection of the same ; which said sum shall be collected by the sher- 
iffs of tho said counties respectively, from the inhabitants of ihe 
said counties respectively, in the same manner as other public and 
county levies may be by law hereafter collected ; and the said mo- 
ney, when collected, shall be paid by the sheriffs to such person or 
persons as the commissioners aforesaid, or the major part of them, 
shall order and direct. 

Resolved, That the justices of Washington county shall be, and 



1776.] OF THE PROVINCE OF MARYLAND. 245 

they are hereby authorized and rei]uircd to assess and levy, by three 
equal assessments, in the years seventeen hundred and seventy-sev- 
en, seventeen hundred and seventy-eight, and seventeen hundred 
and seventy-nine, with their public and county levy, any sum not 
exceeding thirteen hundred pounds common money, in and upon 
the inhabitants of Washington county, together with the sheriflfs 
salary of such a per centum as may be hereafter allowed for collec- 
tion of the same ; which said sum, so to be assessed and levied, 
shall be collected by the sheriff of Washington county from the in- 
habitants thereof, in the same manner as other public and county 
levies shall be hereafter by law collected, and the said money, when 
collected, shall be paid by the said sheriff to the commissioners of 
Washington county aforesaid, and shall be by them applied towards 
building the court house and prison in the said county. 

Resolved, That the justices of Montgomery county shall be and 
they are hereby authorized and required to assess and levy with the 
public and county levy, by three equal assessments, in the years 
seventeen hundred and seventy-seven, seventeen hundred and sev- 
enty-eight, and seventeen hundre(i and seventy-nine, any sum not 
exceeding thirteen hundred pounds common money, together with 
the sherifTs salary of such a per centum as may hereafter be allow- 
ed for collecting the same; which said money, so to be assessed 
and levied, shall be collected by the sheriff of Montgomery coun- 
ty from the inhabitants of the said county, in the same manner as 
other public and county levies are by law collected ; which said 
money when collected shall be paid by the said sheriff to the com- 
missioners of Montgomery county aforesaid, and applied by them 
towards building the court house and prison aforesaid for the said 
county. 

Resolved, That the commissioners of the said counties respec- 
tively, or the major part of them, shall be, and they are hereby au- 
thorized and required to contract and agree for the building of the 
said court house and prison on the land to be purchased as afore- 
said. 

Resolved, That all causes, pleas, process and pleadings, which now 
are or shall be depending in Frederick county court, before the first 
day of December next, shall and may be prosecuted as effectually as 
they might have been had these resolves never been made; and in 
case any deeds or conveyances of land in Washington county or 
Montgomery county, have been, or shall be before the division 
aforesaid, acknowledged according to law in Frederick county, the 
enrollment and recording thereof within the tim.e limited by law, 
either in the county court of Frederick county, or in the county 



246 PROCEEDINGS OF THE CONVENTION [1776. 

court of Washington or Montgomery county, shall be good and 
available, the division aforesaid notwithstanding. 

Resolved, That executions or other legal process upon all judg- 
ments had and obtained, or to be had and obtained on actions 
already commenced, or to be commenced before the first day of 
December next, in Frederick county court, against any inhabitant 
of Washington or Montgomery county, be issued and enforced in 
the same manner as if these resolves had not been made; which 
said writs shall be directed to the sheriff of the said counties respec- 
tively, and the said sheriffs are hereby authorized and directed to 
serve and return the same to Frederick county court, with the bo« 
dy or bodies of the person or persons, if taken, against whom such 
writ or writs shall issue for that purpose, and during the attendance 
of the sheriff of Washington or Montgomery county at Frederick 
county court, he shall have a power to confine in Frederick coun- 
ty jail, if he shall think it necessary, such persons as he shall have 
in execution, but after his attendance shall be dispensed with by 
the said court, he shall then, in a reasonable time, remove such 
persons as he shall have in execution to his county jail, there to 
be kept till legally discharged. 

That the public and county levy, now assessed or levied, or to 
be levied and assessed by the justices of Frederick county court, 
at their levy court for the present year, shall and may be collected 
and received by the sheriff of Frederick county, as well of the in- 
habitants of Frederick as of Washington and Montgomery coun- 
ties aforesaid, and collected, accounted for, and applied, in such 
manner as the said public and county levy would have been collect- 
ed, accounted for, and applied, had these resolves never been made. 

Resolved, That the county court of Washington county shall 
begin and be held yearly on the fourth Tuesdays of those months 
in which other county courts are held, and shall have equal power 
and jurisdiction with any county court in this state. 

Resolced, That the county court of Montgomery county shall 
begin and be held yearly on the second Tuesdays of those months 
in which other county courts are held, and shall have equal power 
and jurisdiction with any county court in this state. 

Mr. Ridgely has leave of absence till Tuesday next. 

Convention adjourns till to-morrow morning, 9 o'clock. 

SATURDAY, September 7, 1776. 
Convention met. All members present as on yesterday, except 
Mr. Joseph Ennalls and Mr. Ridgely. The proceedings of yester- 
day were read. Mr. Chamberlaine and Mr. Horsey appeared in the 
house. 



1776,] 



OF THE PROVINCE OF MARYLAND. 



247 



On motion of Mr. Fitzhugh, that the question be put on the 
following: 

Whereas, it has been the uniform rule and practice of former con- 
ventions of this state, to delegate members to general congress from 
their own body, being the representatives of the people of this state; 
and as a departure therefrom may introduce and intrude on this 
community men unworthy of confidence into the most important 
and highest trusts, dangerous to the safeJiy and welfare of America, 
especially at this critical conjuncture, That no person whatsoever, 
except a delegate of the people in convention, be chosen or qual- 
ified to serve this state as a member of the general congress? The 
previous question was called for and put, whether the above ques- 
tion be now put? Carried in the negative. 

NEGATIVE. 
Mr. Barnes, Mr. Schriver, Mr. Edmondson, 

Hooe, Beall, Gibson, 

Dent, Hughs, Chamberlaine, 

Semmes, Stull, Goldsborough, 

Parnham, Schnebely, Murray, 

Bowie, T. Symth, John Ennalls, 

Hall, Chase, Potter, 

Sprigg, H. Wilson, Mason, 

Marbury, Gilpin, Johnson, 

Paca, Ewing, Gust. Scott, 

Carroll, T. Ringgold, Geo. Scott, 

Wootton, W. Ringgold, Horsey, 

J. Wilson, Earle, Lowes, 

Bayly, J. Smith, Chaille, 

Sheredine, T. Wright, Mitchell, 

Edelen, Kent, 

AFFIRMATIVE. 

Mr. Plater, Mr. Williams, Mr. Love, 

Fitzhugh, Deye, Archer, 

J. Mackall, Stevenson, Brevard, 

Hammond, Bond, S. Wright. 

Mr. Stevenson and Mr. T. Smyth have leave of absence till 
Tuesday next, and Mr. W. Ringgold till Monday next. 

On motion of Mr. Paca, the question was put. That Thomas 
Stone, Esq. ; be and he is hereby empowered to represent this state 
in congress, in as full and ample manner as the delegates hereto- 
fore appointed might or could do, until the said delegates or any 



248 PROCEEDINGS OF THE CONVENTION [1776. 

two or more of them shall attend, or this convention make further 
order therein ? Carried in the negative. 
NEGATIVE. 

Mr. Barnes, Mr. Marbury, Mr. J. Smith, 

Plater, Hammond, Chase, 

Hooe, Wootton, Bond, 

Dent, Bayly, Love, 

Semmes, Williams, Archer, 

Parnham, Sheredine, Giflpin, 

Fitzhugh, Hughs, Brevard, 

J. Mackall, Schriver, Kent, 

Bowie, Schnebely, S. Wright, 

Hall, Deye, Edmondson. 

Sprigg, 

AFFIRMATIVE. 

Mr. Paca, Mr. W. Ringgold, Mr. Potter, 

Carroll, Earle, Mason, 

J. Wilson, T. Smyth, Johnson, 

Edelen, T. Wright, Gus. Scott, 

Beall, Gibson, Geo. Scott, 

Stull, Chamberlaine, Horsey, 

H. Wilson, Goldsborough, Lowes, 

Ewing, Murray, Chaille, 

T. Ringgold, John Ennalls, Mitchell. 

On motion of Mr. Johnson, Resolved, That a committee be ap- 
pointed to prepare and report resolutions to prevent non-associators 
from endangering the peace of this state; and Mr. Johnson, Mr. 
Parnham, Mr. Chase, Mr. Paca. and Mr. Hooe, were elected by 
ballot a committee for that purpose. 

Convention adjourns till Tuesday, 3 o'clock in the afternoon. 

TUESDAY. September 10, 1779. 

Convention met. All members present as on Saturday, except 
Mr. Parnham, Mr. J. Mackall, Mr. Bowie, Mr. Hall, Mr. Stevenson, 
Mr. T. Ringgold, Mr. W. Ringgold, Mr. T. Smith, Mr. Gibson, Mr. 
Potter, and Mr. Mason. The proceedings of Saturday were read. 
Mr. John Hall and Mr. Samuel Chase, delegates returned for Anne 
Arundel county, appeared and took their seats in the house. Mr. 
D. Smith, Mr. Shepherd and Mr. B. Mackall appeared in the house. 

The committee of elections report to the convention, that by the 
return for Anne-Arundel county it appears, that John Hall, Brice 
Thomas Beale Worthington, and Samuel Chase, esquires, are duly 
elected delegates for said county. 



1776.] OF THE PROVINCE OF MARYLAND. 249 

The president laid before the convention a letter and several 
resolutions from the honourable the president of the congress, of 
the third day of this instant, which was read and thereupon the 
convention taking the same into consideration, 

Resolved, That the commanding officers of the several battalions 
of militia in Prince George's, Frederick, Anne Arundel, Baltimore, 
Harford, Cecil, Kent, Queen Anne's and Caroline counties, be re- 
quested to call their battalions together as soon as possible, and 
that the field officers of the said counties, respectively, select com- 
panies of volunteers as follows, to wit — Prince George's one, Fred- 
erick three, that is, one in each district thereof, Anne Arundel two, 
Baltimore two, Harford two, Cecil three, Kent two. Queen Anne's 
two, and Caroline one; that each company consist of 68 privates, 
4 sergeants, 4 corporals, one drummer, and one fifer, under the 
command of a captain, two lieutenants and an ensign. 

That each company be armed out of the arms belonging to the 
battalions of their counties respectively, which shall be appraised 
and borrowed, or paid for at the election of the owner, by the 
council of safety : That if arms cannot be procured from the mili- 
tia, any of the field officers may impress and appraise arms neces- 
sary to equip each company, which shall be paid for by the coun- 
cil of safety. 

That to encourage the immediate march of the militia, a bounty 
of three pounds, and one month's pay, be advanced by the council 
of safety to each non-commissioned officer and private. 

That the field officers of each battalion recommend the com- 
missioned officers for each company to this convention, or in their 
recess to the council of safety, for their approbation ; which officers 
so to be recommended shall be made known to the militia before 
their enrollment. 

That the committees of observation of any of the said counties 
or districts, where there shall be no field officers to any battalion 
therein, be required to carry the above requisition into execution in 
their respective counties and districts. 

That the convention, or in their recess the council of safety^ form 
the said companies of volunteers into battalions, and appoint the 
field officers. 

That the council of safety take every measure in their power 
to furnish and equip the said companies with all necessaries, 
to expedite and prepare carriages and provisions for their march. 

That the said companies be enrolled until the first day of De- 
cember next, unless sooner discharged by congress, and receive 
continental pay from the day of enrollment. 
3^ 



250 



PROCEEDINGS OF THE CONVENTION 



[1776. 



That the companies of militia so to be raised be enrolled in the 
counties and districts where they are directed to be raised as afore- 
said, and not of inhabitants of other counties or districts. 

That if any company of militia shall offer themselves, they shall 
be allowed to go into the service under their present officers ; or if 
the present officers of any company, with a considerable number of 
their company, offfer to go and shall be able to fill up the number 
by enrollment of others, such company may march under such 
officers. 

That a warrant issue to captain Andrew Hines of Frederick coun- 
ty to enroll a company of men for the flying camp service, on the 
same terms as the other militia, and that commissions issue to him 
and other proper commissioned officers by the council of safety. 

That the president transmit copies of the above to each of the 
said counties and districts by express; and that money be advan- 
ced by the council of safety, to such person in each of the said 
counties and districts as they shall think proper, to discharge the 
bounty, the month's pay, and the purchase of arms, as above di- 
rected. 

On motion the question was put. That the committees of obser- 
vation for the several counties and districts in this state, and the 
several committees of correspondence, and committees for licens- 
ing suits, do continue to act with the powers heretofore vested in 
them until the first day of December next? Resolved in the affir- 
mative. 



Mr. Barnes, 
Plater, 
Hooe, 
Dent, 
Semmes, 
B. Mackall, 
Fitzhugh, 
Sprigg, 
Marbury, 
S. Chase, 
Paca, 
Carroll, 
J. Wilson, 
Bayly, 
Williams, 



AFFIRMATIVE. 

Mr. Sheredine, 
Edelen, 
Schriver, 
Beall, 
Hughs, 
Stull, 

Schnebely, 
Shepherd, 
J. Smith, 
J. T. Chase, 
H. Wilson, 
Love, 
Gilpin, 
Ewing, 



Mr. Earle, 

T. Wright, 

S. Wright, 

Edmondson, 

Chamberlaine, 

Murray, 

John Ennalls, 

Johnson, 

Gus. Scott, 

Geo. Scott, 

Horsey, 

Lowes, 

Chaille, 

Mitchell. 



1776.] OF THE PROVINCE OF MARYLAND. 251 

NEGATIVE. 

Mr. J. Hall, Mr. Deye, Mr. Archer, 

Hammond, Bond, Brevard, 

Wootton, D. Smith, 

Mr. Chamberlaine brings in and delivers to Mr. President, a re- 
port from the committee to whom the several papers relative to 
the conduct of Joseph Wheland, jun., John Evans, Robert Howith, 
and John Price, were referred, which was read and ordered to lie 
on the table. 

A petition from Job Greene of Baltimore town ; a petition from 
Thomas Deale, sheriff of Anne Arundel county ; a petition from 
a majority of Castle Haven company of militia in Dorchester coun- 
ty, against the conduct of their captain ; and a petition from seve- 
ral prisoners of war in Frederick county jail, praying to be removed 
to the log jail; were severally read and ordered to lie on the table. 

Mr. Plater from the committee for that purpose appointed, brings 
in and delivers to Mr. President a constitution and form of govern- 
ment for this state, which was read and ordered to lie on the table. 

Convention adjourns till to-morrow morning, 9 o'clock. 

WEDNESDAY, September 11, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. B. Hall, Mr. Gibson, Mr. - 
Potter, Mr. T. Ringgold, Mr. W. Ringgold, Mr. T. Smith, and Mr. 
Bowie, appeared in the house. 

On motion, the question was put. That the consideration of the 
declaration and charter of rights, and form of government for this 
state, be postponed till Monday fortnight? Resolved in the affirma- 
tive. 

AFFIRMATIVE. 

Mr. Barnes, Mr. J. Wilson, Mr. T. Wright, 

Plater, Williams, S. Wright, 

Booe, Sheredine, Edmondson, 

Dent, Edelen, Gibson, 

B. Mackall, Schriver, Chamberlaine, 

Fitzh«gh, Beall, Goldsborough, 

B. Hall, Hughs, Murray, 

Sprigg, Stull, John Ennalls, 

Marbury, Schnebely, Potter, 

Hammond, J. T. Chase, Johnson, 

J. Hall, T. Ringgold, Gust. Scott, 

S. Chase, W. Ringgold, " Geo. Scott, 



252 


PROC 


iEEDINGS OF THE CON 


VENT 


ION 


Mr. 


Paca, 


Mr. Earle, 


Mr. 


Horsey, 




Carroll, 


T. Smith, 




Mitchell. 




Wootton, 


negativf:. 






Mr. 


Bayly, 


Mr. H. Wilson, 


Mr. 


D. Smith, 




Deye, 


Love, 




Brevard, 




Shepherd, 


Archer, 




Lowes, 




J. Srnith, 


Ewilltr, 




Chaille. 



[1776. 



Bond, 
Mr. Fisher has leave of absence. 
Adjourned till 3 o'clock 

POST MERIDIEM. 
Convention met. 

On motion, That the deputies appointed to congress, and now 
attending this convention, or any three of them, immediately re- 
pair to congress, and in conjunction with Thomas Stone, esq., re- 
present this state in such manner as is prescribed by the nomination 
and appointment heretofore made? The previous question was 
called for and put, whether the above question be now put ? Re- 
solved in the affirmative. 

AFFIRMATIVE. 
Mr. Barnes, Mr. Edelen, Mr. T. Wright, 

Plater, Schriver, S. Wright, 

Hooe, Beall, Edrnondson, 

Semmes, Stull, Gibson, 

Dent, Schnebely, Chamberlaine, 

B. Mackall, J. T. Chase, Goldsborough, 

B. Hall, H. Wilson, Murray, 

Sprigg, Love, John Emails, 

Marbury, Archer, Potter, 

J. Hall, Evving, Johnson, 

S. Chase, D. Smith, Gust. Scott, 

Paca, Brevard, Geo. Scott, 

Carroll, T. Ringgold, Horsey, 

Wootton, W. Ringgold, Lowes, 

J. Wilson, Earle, Chaille, 

Bayly, T. Smith, Mitchell. 

Sheredine, 

NEGATIVE. 
Mr. Fitzhugh, Mr. Williams, Mr. J. Smith, ■ 

Bowie, Deye, Bogd. 

Hammond, Shepherd, 



1776.] OF THE PROVINCE OF MARYLAND. 253 

The main question was then put, and resolved in tlie affirmative. 

Mr. Sheredine and Mr. Stull have leave of absence. Mr. Rido-e- 
ly and Mr. .Stevenson appeared in the house. 

The field officrs of the Severn battalion recommend to the con- 
vention Elijah Robosson as captain, Samuel Barber as first lieuten- 
ant, Vachel Gaither as second lieutenant, and Nicholas Worthing- 
ton, junr., as ensign, who have engaged to raise a full company: 
thereupon it is ordered, that the council of safety issue warrants 
agreeable to the said recommendation, and commissions upon 
making up a full company; and the said council of safnty are here- 
by authorised to advance the bounty money to said Elijah Robos- 
son, he giving his receipt for the same. 

On motion of Mr. Samuel Chase, Resolved, That the council of 
safety be empowered to contract for one thousand ]>ikes, not less 
than twelve feet in length. 

Mr.Goldsborough, Mr. Ewing, Mr. Lowes, Mr. Beall, Mr. Geo. 
Scott, and Mr. Williams have leave of absence. 

On motion of Mr. Hughs, Resolved, That the qualification of 
voters in Washington county for the purpose of fixing on the most 
convenient place for a court house and prison in said county, be the 
same as of voters for representatives in this convention. 

On motion. Resolved, That the reverend John Scott be allowed 
another week from this day to settle his affairs, and to remove him- 
self and family to Frederick county, under the condition and re- 
strictions of a former resolve upon this subject. 

Convention adjourns till to-morrow morning, 9 o'clock. 

THURSDAY, September 12, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Sheredine, Mr. Fischer, Mr. Beall, Mr. Stull, and Mr. Hughs. 
The proceedings of yesterday were read. Mr. Parnham and Mr. 
Mason appeared in the house. 

A petition from William Hooper, sheriff of Caroline county, was 
read and ordered to lie on the table. 

The convention appointed Mr. George Cook commander of the 
ship Defence, Mr. Henry Auchinleck first lieutenant, Mr. John 
Burnell second lieutenant, and James Codray master of the said, 
ship. 

On motion. Resolved, That the council of safety be empowered 
to sell the schooner Resolution, after removing her military and 
other stores, and her sails, rigging, anchors and cables. 

Resolved, That no merchant vessel belonging to any inhabitant 
of this state, sail from this state without license from the council 



254 PROCEEDINGS OF THE CONVENTION [177©. 

of safety, or the committee of observation for the county from 
which the vessel shall sail, and that no such license be granted be- 
fore the captain of such vessel shall make oath, or affirmation, (if a, 
quaker) as to the contents of his cargo, and that he will use his 
best endeavors to prevent such cargo, and every part thereof, from 
being landed in any part of the dominions of the king of Great 
Britain, or othrewise going into the hands of the enemies of Amerii 
ca ; and further shall give bond with good security, that he will not 
land such cargo, or any part thereof, in any port, island, or terri- 
tory, subject to the king of Great Britain, nor sell or dispose of the 
said cargo, or any part thereof, to the enemies of America; and' 
the owners of the cargo shall also make oath, or affirmation, (if a 
quaker) that the said cargo, and no part thereof, belongs to, or is 
for the use or benefit of any inhabitant of Great Britain, Ireland, or 
any of the dominions subject to the king of Great Britain. 
Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met, and took into consideration the report of the 
committee on the conduct of Joseph Wheland, jr., John Evans,. 
Robert Howith, and John Price ; and the aforesaid Joseph Whe- 
l;and having admitted the charge as reported against him, 

Resolved, That the said James Wheland be confined in the log 
j.ail in Frederick county until he make ample restitution unto John 
White of Dorchester county for his sloop, which he caused to be 
destroyed, the value thereof to be ascertained by the committee of 
observation for Dorchester county, and give such security as the 
council of safety of this state, or the executive power for the time 
being, shall judge necessary for his future good behavior. 

Resolved, That the aforesaid John Evans and John Price give 
bond with good security, each in the sum of fifty pounds current- 
money, and that the aforesaid Robert Howith give bond in the sum 
of twenty pounds current money, payable to the honorable Mat- 
thew Tilghman, esqr., for their future good behavior, and that they 
be committed to the jail of Anne Arundel county until they sever- 
ally give the security aforesaid, but after giving the same, that they 
be discharged. 

On motion, Resolved, That the several inspectors within this state 
shall permit all tobacco inspected by private inspectors, according 
to contract prior to the resolutions of this convention, regulating 
the inspection of tobacco, to be taken out of the warehouses, with- 
out inspecting the same, or making any charge against the propria- 



I'S'TG.] OF THE PROVINCE OF MARYLAND. 253 

tor of such tobacco, other than one shilling per hogshead for ware- 
house rent. 

Mr. Gilpin and Mr. Brevard have leave of absence. 

Convention adjourns till to-morrow morning, 10 o'clock. 

FRIDAY, September 13, 1770. 

Convention met. All members present as on yesterday, except 
Mr. Johnson, Mr. S. Chase, Mr. Paca, Mr. Williams, Mr. George 
Scott, and Mr. Lowes. The proceedings of yesterday were read. 
Mr. Jordan and Mr. Hughs appeared in the house. 

On reading a second time the petition from a majority of Castle 
Haven company. Ordered, That the same be referred to the coun- 
cil of safety. 

On reading a second time the report from the committee to 
whom the letter from the secretary of the board of war of the 6th 
of August last was referred, Ordered, That the clerk transmit to 
the secretary of the board of war an accurate list af all the prison- 
ers of war in this state, as reported by the committee aforesaid. 

The petition from the trustees of the poor of Frederick county 
was read a secoud time and rejected. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

Resolved, That the money levied on the inhabitants of Baltimore 
county, and collected by the sheriff thereof, for the purpose of re- 
paying the money appropriated by way of loan to the use of thd 
said county for clearing and opening roads by act of assembly, be 
applied in discharge of the county charges of those persons by 
whom the said money was paid, and in such proportions as the 
same was by them respectively paid, and that the said sheriff cease 
to collect the residue of the money levied for the purpose above 
recited : and that the justices of Baltimore county court forbear to 
levy any further sum of money on the inhabitants of the said coun- 
ty, according to the said act of assembly, for the purpose aforesaid^ 
until the further order of this conventioii or general assembly of 
this state. 

On motion of Mr. T. Ringgold, the question was put. That the re- 
striction laid on the price of salt by the resolve of convention of 
the 6th of July last, and the bounty given by the said resolve be ta- 
ken off, and that no future limitations ought to be made by this or 
a future convention, or by any committee of observation of this 
state, on the price of any salt that may be imported into this state 



>G 



PiROCEEDINGS OF THE CONVENTION 



1776.] 



oil or bofore the first day of May next, any thing in the said or any 

other r(;s<>|ve to the contrary notwithstanding? Resolved in llie 
affiniiative. 

AFFIRMATIVE. 

Mr. Barnes, Mr. Hughs, Mr. T. Smith; 

Hooe, Schnebely, T. Wright, 

Dent, Shepherd, Kent, 

SeniMies, J. Smith, Edmondsoni 

Jordan, J. T. Chase, Gibson, 

B. Mackall, H. Wilson, Chamberlain^, 

B. Hall, Love, Goldsboroughj 

Sprigg, Archer, Murray, 

Marbury, Gilpin, John Ennalls, 

Carroll, Ewing, Potter^ 

J. Wilson, D. Smith, Horsey, 

- Bayly, Brevard, Chaille, 

E.lelen, T. Ringgold, Mitchelh 

vSch river, Earle, 



NEGATIVE. 



Bond, 

W. Ringgoldj 

S. Wright, 
Gus, Scott. 



Mr. Plater, Mr. Wootton, Mr. 

Parnham, Ridgely, 

Fitzhugh, Deye, 

Bowie, Stevenson, 

J. Hall, 
Ordered^ That the above resolution be inserted in the Maryland 
Gazette and Baltimore town papers four weeks successively. 

Mr. Gustavus Scott brings in and delivers to Mr. President a re- 
port from the committee appointed to consider of the disposition 
of captures, which was read and ordered to lie on the table- 
Convention adjoiuns till to-morrow morning at 9 o'clock. 

SATURDAY, September 14, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Gilpin, Mr. Ewing, Mr. Brevard, Mr. T. Wright, Mr. Kent, Mr. 
Goldsborough, and Mr. Marbury. The proceedings of yesterday 
were read. 

It being represented to this convention, that in the year one 
thousand seven hundred and seventy-three, an act of assembly 
passed, directing the justices of Talbot county to levy on the in- 
habitants of that county forty-five pounds of tobacco per tax, to be 
paid at three annual payments, for the purposes of purchasing land 



1776.] OF THE PROVINCE OF MARYLAND. 257 

and building a house thereon for the reception of the poor of that 
county : that in consequence thereof there was levied at Novem- 
ber court seventeen hundred and seventy-four, the quantity of fif- 
teen pounds of tobacco per poll, which has been collected and paid 
into the hands of trustees appointed to carry the said act into exe- 
cution, and there remains unexpended. Tiiat at November court 
seventeen hundred and seventy-five, the further sum of fifteen 
pounds of tobacco was levied by tlie justices of the said county, 
now to be collected by the sheriff, which cannot at this time be 
done without distressing the inhabitants thereof: 

Resolved therefore, That the sheriff of Talbot county shall forbear 
to collect any of the tobacco so levied on the inhabitants of that 
county at November court seventeen hundred and seventy-five, 
and that the trustees appointed for carrying the said act of assem- 
bly into execution, are hereby requested to pay all money or tobac- 
co which they may have received or shall hereafter receive in vir- 
tue of the said act, into the hands of Mie trustees of the s:ad coun- 
ty, to be applied by them to the relief and support of the poor of 
the said county. 

Mr. Hughs brings in and delivers to Mr. President the following 
report, to wit : 

"Your committee to enquire into the expenditure of the money 
appropriated for the building a log jail in Frederick county, beg 
leave to report. That one hundred and seventy-nine pounds five 
shillings and two pence farthing has been expended on the same, 
as per account rendered to your committee ; and that there remains 
in the hands of the supervisors of the said building the sum of 
twenty pounds fourteen shillings and nine pence three farthings. 
That the log jail is completed agreeable to the direction of a re- 
solve in December last all to three stoves. Your committee are 
of opinion that the said log jail is by no means proper for the re- 
ception of prisoners of war, having no yard or other necessary con- 
venience ; all which is submitted to the honourable house. 
" Signed by order of the committee, 

JOHN JOHNSON, clerk. 

Which was read and ordered to lie on the table. 

Convention adjourns till Monday morning, 9 o'clock. 

MONDAY, September 16, 1776. 

Convention met. All members present as on Saturday, except 
Mr. Hughs. The proceedings of Saturday were read. Mr. Worth- 
ington, Mr. Brufif, Mr. J. Mackall, and Mr. Fenwick, appeared in 
the house. 
33 



258 PROCEEDINGS OF THE CONVENTION [1T76. 

Agreeable to the order of the day the convention took into con- 
sideration the report relative to the conduct of Isaac Costin, and 
after hearing the evidence produced, as well against as in behalf 
of the said Isaac Costin, were of opinion, (hat he hath shewed him- 
self inimical to the cause of American freedom ; therefore Resolved, 
That the said Isaac Costin enter into bond with good secuiity to 
the president of this convention, in the penalty of two hundred 
pounds common money, for his future good behaviour, and there- 
upon be discharged on paying the charges of his prosecution. 

Mr. Hooe and Mr. Semmes have leave of absence. 

Convention adjourns till to-morrov/ morning at 9 o'clock. 

TUESDAY, September 17, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Hooe, Mr. Semmes, and Mr, Worthington. The proceedings 
of yesterday were read. Mr. Chamberlaine has leave of absence. 

On motion, Resolved.^ That three persons be added to the com- 
mittee appointed to examine and report the state of the accounts 
and proceedings of the commissioners of the loan office ; and Mr. 
T. Ringgold, Mr. J. Smith, and Mr. Worthington, were elected 
by ballot to be of the said committee. 

On motion of Mr. Fitzhugh, That the question be put on the fol- 
lowing : 

As the establishing a bill of rights and the formation of a new 
government on the authority of the people only, are matters of the 
utmost importance to the good peo])le of this state, and their pos- 
terity; and as the bill of rights and form of government reported 
to this convention by the committee chosen for that purpose, have 
been referred for consideration to Monday the thirtieth instant, 
occasioned by the necessary attendance in congress of several of 
the representatives of the people; in order therefore that the fullest 
consideration may be had thereon, 

Resolved, That the said bill of rights and form of government be 
immediately printed for the consideration of the people at large ^ 
and that twelve copies thereof be sent without delay to each county 
in this state. 

The previous question was called for by Mr. Gustavus Scott, and 
put, whether the above question be now put ? Resolved in the af- 
firmative. 

AFFIRMATIVE. 
Mr. Fenwick, Mr. Schriver, Mr. W. Ringgold, 

B. Mackall, Ridgely, S. Wright, 

Fitzhugh, Deye, Bruff, 



1776.] 



Mr. J. Mackal! 
Bowie, 
B. Hall, 
Marbury, 
Hammond, 
J. Hall, 



OF THE PROVINCE OF MARYLAND. 

Mr 



259 



Mr. Stevenson, 
Shepherd, 
Bond, 
H. Wilson, 
Love, 
Archer, 

NEGATIVE. 
J. Wilson, 
Bayly, 
Edelen, 
J. Smith, 
J. T. Chase, 
T. Ringgold, 



Edmondson, 

Gibson, 

Poller, 

Mason, 

Chaille, 

MitchelL 



Mr 



Mr. Barnes, 
Plater, 
Dent, 
Parnham, 
Sprigg, 
Carroll, 
Wootton, 
The main question was then put, and resolved in the affirmative. 

AFFIRMATIVE. 



Mr. Earle, 

T. Smyth, 
Murray, 
John Ennalls, 
Gust. Scott, 
Horsey. 



Mr. Fen wick, 
B. Mackall', 
Fitzhugh, 
J. Mackall, 
Bowie, 
B. Hall, 
Marbury, 
Hammond, 
J. Hall, 
J. Wilson, 



Mr. Bayly, 
Schriver, 
Ridgely, 
Deye, 
Stevenson, 
Shepherd, 
Bond, 
H. Wilson, 
Love, 
Archer, 

NEGATIVE. 
Mr. Wootton, 
Edelen, 
J. Smith, 
J. T. Chase, 
T. Ringgold, 



Mr. 



W. Ringgold, 

S. Wright, 

Bruff, 

Edmondson, 

Gibson, 

John Ennalls, 

Potter, 

Mason, 

Chaille, 

Mitchell. 



Mr. Barnes, Mr. Wootton, Mr. Earle, 

Plater, Edelen, T. Smyth, 

Dent, J. Smith, Murray, 

Parnham, J. T. Chase, Gust. Scott, 

Sprigg, T. Ringgold, Horsey. 

Carroll, 
Mr. Fitzhugh brings in and delivers to Mr. President, a report 
from the committee appointed to take inio their consideration the 
resolution of congress of the seventeenth of August last, and re- 
port their opinion thereon, which was read and ordered to lie on 
the table. 

The convention proceeded to the choice of a member of the 
council of safety, in the room of Thomas Bedingfield Hands, esq. 
who had resigned his seat as a member of that board, and Nichola* 
Thomas, esqr., was elected. 



260 



PROCEEDINGS OF THE CONVENTION 



[1776. 



On motion, Resolved, That the council of safety be requested to 
take the necessary steps to provide paper for printing a further sum 
of money for the use of this state. 

On motion of Mr. Parnham, That the house be adjourned to the 
3Uth inst., and all the members absent as well as present requested 
to give punctual attendance on that day, and that no itinerant 
charg-es for o-oing and returning be allowed to any of the members. 

It was moved that the (juestion consisting of two parts be sepa- 
rated, upon which the question was put. That the same be divided 
into two questions ? Resolved in the affirmative. 
AFFIRMATIVE. 



Mr. Barnes, Mr. VVootton, 

Fenwick, J. Wilson, 

Plater, Bayly, 

Jordan, J. Smith, 

Marbury, Chase, 

Hammond, Archer, 

J. Hall, T. Ringgold, 

Carroll, W. Ringgold, 

NEGATIVE. 
Mr. Dent, Mr. Edelen, 

Parnham, Schriver, 

B. Mackall, Ridgely, 

Fitzhugh, Deye, 

J. Mackall, Stevenson, 

Bowie, Shepherd, 

B. Hall, Bond, 

Sprigg, H. Wilson, 

The question was then put, That the house be adjourned to the 
30th instant, and all the members absent as well as present request- 
ed to give punctual attendance on that day? Resolved in the af- 
firmative. 

AFFIRMATIVE. 



Mr. Earle, 

T. Smyth, 

S. Wright, 

Bruff, 

Mason, 

Gust. Scott, 

Horsey, 

Mitchell. 

Mr. Love, 

Edmondson, 

Gibson, 

Murray, 

John Ennalls, 

Potter, 

Chaille. 



Mr. Fenwick, 
Dent, 
Parnham, 
B. Mackall, 
Fitzhugh, 
J. Mackall, 
Bowie, 
B. Hall, 
Sprigg, 
Bayly, 



Mr. Edelen, 
Sh river, 
Ridgely, 
Deye, 
Stevenson, 
Shepherd, 
Bond, 
H. Wilson, 
Love, 
Archer, 



Mr. Edmondson, 
Gibson, 
JMurray, 
John Ennalls, 
Potter, 
Mason, 
Chaille, 
Mitchell, 
Gust. Scott, 
Horsev. 



1776.] OF THE PROVINCE OF MARYLAND. 261 

NEGATIVE. 

Mr. Barnes, Mr. Carroll, Mr. W. Ringgold, 

Plater, Wootton, Earie, 

Jordan, J. Wilson, T. Smyth, 

Marbiiry, J. Smith, S. VVright, 

Hammond, J. T. Chase, BrulF. 

J. Hall, T. Ringgold, 

On motion of Mr. J. T. Chase, Resolved unanimously, That no 
itinerant charges for going and returning be allowed to any of the 
members. 

On motion, Ordered, That the council of safety be directed to 
discharge Henry Green of captain Gunby's company, and one Ro- 
binson, of the flying camp, who are sick at Philadelphia. 

Convention adjourned till Monday the 30th instant, and thence 
from day to day, till 

WEDNESDAY, October 2, 1776. 

Convention met. All members present as on Tuesday, the 17th 
of September last, except Mr. Jordan, Mr. B. Mackall, Mr. B. 
Hall, Mr. Wootton, Mr. Schnebely, Mr. Ridgely, Mr. D. Smith, 
Mr. Earle, Mr. Murray, Mr. Mason, and Mr.'chaille. Mr. Wor- 
thington, Mr. S. Chase, Mr. Paca, Mr. Williams, Mr. Fischer, Mr. 
Sheredine, Mr. Beall, Mr. Gilpin, Mr. Ewing, Mr. Brevard, Mr. T. 
Wright, Mr. Kent, Mr. Joseph Ennalls, and Mr. Dickinson, appear- 
ed in the house. 

A petition from Thomas Grey of Battle creek, in Calvert county, 
was read and ordered to lie on the table. 

The order of the dry for taking into consideration the declara- 
tion and charter of rights, and form of government for this state, 
being read, Ordered, That the same be referred for consideration 
till to-morrow. 

Convention adjourns till to-morrow morning, 9 o'clock. 

THURSDAY, Octobers, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. B. Hall, Mr. Ridgely, 
Mr. Mason, Mr. George Scott, Mr. Lownes, Mr. Chaille, and Mr. 
Bishop, appeared in the house. 

On motion, Ordered, That William Bartlett Townsend be dis- 
charged from confinement, on giving security for his appearance 
before this convention when called on. 

Ordered, That colonel Smalhvood and general Beall immedi- 
ately, and so monthly thereafter, make returns to this convention. 



262 PROCEEDINGS OF THE CONVENTION [1776. 

or in their recess to the council of safety, of the number of forces 
under their command respectively, and of their state and condition. 

Resolved, That the president be requested immediately to trans- 
mit a copy of the above to colonel Smallvvood and general Beall, 
respectively. 

Captain John Watkins of the third independent company of 
regulars, resigned his commission, which was accepted by the con- 
vention. 

Mr. Solomon Long was appointed captain of the said company, 
Mr. Ely Dorsey first lieutenant, and Mr. Dixon Quinton second 
lieutenant. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

A memorial from captain Abraham Boyd of Prince George's 
county was read and ordered to lie on the table. 

On motion of Mr. Fitzhugh, Resolved, That every company of 
militia in this state be exercised only once a fortnight, and that 
every battalion of militia be exercised in battalion at such times 
and places as the field officers of the battalion shall appoint, not 
oftener than once in every two months, nor seldomer than once in 
every three months, the day of exercise in battalion being account- 
ed as the day of exercise for that fortnight, any former resolve of 
the convention to the contrary notwithstanding. 

A petition from Robert Cowell and Nicholas Reilly, setting forth 
that ihey had, on the 25th day of September last, been convicted 
of felony and received sentence of death before Baltimore county 
court, and praying this convention to grant them pardon, was read 
and ordered to lie on the table. 

On motion of Mr. Sheredine, the question was put, That this 
convention on to-morrow morning resolve itself into a committee 
of the whole, to take into consideration the declaration and charter 
of rights, and form of government for this state ; Resolved in the 
affirmative. 

AFFIRMATIVE. 

Mr. Dent, Mr. Williams, Mr. J. Smith, 
Parnham, Fisher, J. T. Chase, 

Fitzhugh, Sheredine, Bond, 

J. Mackall, Edelen, H. Wilson, 

Bowie, Schriver, Love, 

B. Hall, Beall, Archer, 



1776.] OF THE PROVINCE OF MARYLAND 

Mr 



263 



Mr. Ridgely, Mr. Ewing, 

Deye, Brevard, 

Stevenson, John Ennalls. 

NEGATIVE. 

Mr. T. Ringgold, Mr. Potter, 

W. Ringgold, Dickinson, 

T. Smyth, Gust. Scott, 

T. Wright, Geo. Scott, 

Kent, Horsey, 

Bruff, Lowes, 

Edmondson, Bishop, 

Gibson, Mitchell. 
Joseph Ennalls, 
Convention adjourns till to-morrow morning, 9 o'clock. 

FRIDAY, October 4, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. 

On motion of Mr. Bond, the question was put. That the journals 
and proceedings of this convention, from the meeting thereof un- 
til this day, be immediately printed, and that two copies be deliv- 
ered to every member of this house; and that for the future the 
journals and proceedings of the convention shall be printed weekly 
and delivered as aforesaid } Carried in the negative. 

NEGATIVE. 



Mr. Sprigg, 

Hammond, 
J. Wilson, 

Barnes, 

Fen wick. 

Plater,! 

Worthington, 

S. Chase, 

Paca, 

Carroll, 

Bayly, 

Gilpin, 



Mr. 



Barnes, 

Plater, 

Dent, 

Parnham, 

B. Hall, 

Sprigg, 

Worthington, 

S. Chase, 

Paca, 

Carroll, 

Bayly, 

Fischer, 

Fitzhugh, 
J. Mackall, 
Hammond, 



Mr. Sheredine, 
Edelen, 
Beall, 
J. Smith, 
J. Chase, 
Gilpin, 
T. Ringgold, 
W. Ringgold, 
T. Smyth. 
T. Wright, 
Bruff, 
John Ennalls, 

AFFIRMATIVE. 

Mr. Deye, 

Stevenson, 
Shepherd, 



Mr. Joseph Ennalls, 
Potter, 
Mason, 
Dickinson, 
Gust. Scott, 
Geo. Scott, 
Horsey, 
Lowes, 
Chaille, 
Bishop, 
Mitchell. 



Mr. Archer, 
Ewing, 
Brevard, 



264 PROCEEDINGS OF THE CONVENTION [1776. 

Mr. J. Wilson, Mr. Bond, Mr. Kent, 

Williams, H. Wilson, Edmondson, 

Schriver, Love, Gibson. 

Ridgely, 

It appearing to this house, tliat Robert Browne, the proprietor of 
the warehouse on the land of the late Charles Brown on Wye river 
in Queen Anne's county, hath refused to let the said warehouse for 
the purpose of carrying into execution a resolve of this house of 
the sixth of September last, Resolved, That the inspector immedi- 
ately take possession of the said warehouse for the purpose afore- 
said, and the committee of observation of said county are hereby re- 
quired, if it should be necessary, to be aiding and assisting in en- 
forcing this resolution, and for that purpose to call in the force of 
the county, or any part thereof. 

Resolved, That the inhabitants of this state may discharge tiieir 
public dues, deputy commissaries and attornies' fees, in inspected 
tobacco, in the same manner as tlicy might have done before the 10th 
day of June last, by acts of assembly, and that the several sheritTs 
shall be obliged to receive the same until the 20th day of Novem- 
ber next, or until the further order of this convention, and the 
said deputy commissaries and attornies, and all persons who 
are entitled to any public dues, are hereby obliged to receive 
the said tobacco from the sheriffs in payment of their several 
claims. 

The order of the day that ihe convention will resolve itself into 
a committee of the whole, to take into consideration the decla- 
ration and charter of rights, and form of government for this state, 
being read, the same was referred till Tuesday next. 

On motion of Mr. Samuel Chase, Resolved, That a committee 
be appointed to prepare a scheme for the emission of bills of 
credit for the defence of this state, and such other purposes as 
shall be directed by the convention or the legislature of this state, 
and Mr. S. Chase, Mr. Paca, Mr. Carroll, Mr. J. Hall, Mr. Worth- 
ington and Mr. T. Ringgold, were elected by a ballot a committee 
for that purpose. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. D. Smith and Mr. Grahame appeared in 
the house. 

On motion of Mr. S. Chase, Resolved, That the council of safety 
be empowered to import at the expense and risk of this state as 
speedily as possible, blankets, and other coarse woollens and 



IT76.] OF THE PROVINCE OF MARYLAND. 265 

linens proper for soldiers' clotliing, duck proper for tents, tin for 
camp kettles, medicine, and other necessaries for supplying the 
troops raised or to be raised by this state, and a quantity of said 
duck, to the amount in the whole of twenty-five thousand pounds 
current money; five thousand stand of arms, five thousand good 
gun-locks, six brass field pieces of four pounders, four six and four 
eight inch howitzers, twenty tons powder, and forty tons of lead. 
That for this purpose they export at the risque of this state, tobac- 
co, wheat, flour or other commodities of the growth thereof, and 
draw on either of the treasurers to defray the expense thereof for 
any sum not exceeding sixty-five thousand pounds current money. 

The president laid before the convention a letter from the honor- 
able the president of congress of the 24th, and several resolutions 
of concrress of the IGth, 18th, and 19th of September last, which were 
read, and thereupon Resolved, That a committee be appointed to 
take the said letter and resolutions into their consideration and re- 
port their opinion thereon ; and M. S. Chase, Mr. Paca, Mr. J. 
Hall, Mr. Carroll, Mr. Plater, Mr. Fitzhugh, and Mr. Gustavus 
Scott, were elected by ballot a committee for that purpose. 

On motion Ordered, That the letter from the president of con- 
gress of the the 2d of this instant be taken into consideration to- 
morrow morning. 

Mr. Paca brings in and delivers to Mr. President a report from 
the committee to whom the several papers and depositions rela- 
te the conduct of William Bartlett Townsend were referred, which 
was read. 

Ordered, That the same be taken into consideration on Tuesday 
the 15th instant. 

Convention adjourns till to-morrow morning, 9 o'clock. 

SATURDAY, October 5, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. 

On motion of Mr. Bond, Resolved, That the journal and pro- 
ceedings of this convention from the meeting thereof until the 
adjournment be immediately printed, and that two copies be deliv- 
ered to every member of this house. 

On motion of Mr. Paca, Resolved, That a committee be appoint- 
ed to revise and correct the proceedings for the press, and Mr. 
Fitzhugh, Mr. Bond, Mr. Deye, were elected by ballot a committee 
for that purpose. 

On motion of Mr. T. Ringgold, Resolved, That the council of 
safety fit and load the schooner Resolution, and send her out on a 
34 



266 PROCEEDINGS OF THE CONVENTION [1T76 

voyage to sea at the expense and risque of this state, the former 
order of this convention to the contrary notwithstandinfr. 

Mr. Ridgely from the committee appointed to receive proposals re- 
lating to the estabUshmcnt of manufactories, and report their opinion 
thereon, brings in and delivers to Mr. President a re{)ort on the peti- 
tion of Jacob Myers, of Frederick county, which was read, and there- 
upon the convention taking the same into consideration. Resolved, 
That the sum of three hundred pounds be advanced out of the pub- 
lic treasury to the said Jacob Myers, he giving bond with good se- 
curity, to repay the same in wire manufactured by him, in the fol- 
lowing payments, to wit: one hundred and fifty pounds thereof in 
September next, and the remaining one hundred and fifty pounds 
in March next then following, at such prices as the convention 
shall think proper to set on the same. 

The order of the day for taking into consideration the letter from 
the president of the congress of the 2d of this instant being read, 
the same was referred till Wednesday, the Gth of November next. 

Convention adjourns till Monday morning, 9 o'clock. 

MONDAY, October 7, 1776. 

Convention met. All members present as on Saturday. The 
proceedings of Saturday were read. Mr. Johnson and Mr. Stall 
appeared in the house. 

The convention appointed Norman Bruce colonel, William Blair 
lieutenant-colonel, William Shields first major, Samuel Shaw second 
major, and Joseph M'Killip quarter-master of the thirty-fifth bat- 
talion of militia of this state. 

On motion of Mr. T. Wright, Resolved, That Mr. Johnson be 
added to the committee appointed to consider the letter and reso- 
lutions of congress of the 16th, 18th, and 19th of September last. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. Wootton appeared in the house. 

A petition from Thomas Scott, now confined in Frederick county 
jail, under sentence of death for murder, praying to be reprieved; 
a petition from John Drury, senior, John Drury, jun., Geo. Brewer, 
Francis Drury, William Carpenter, Ignatius Moore and Nicholas 
Moore, praying reparation of the loss they sustained by being driv- 
en from their habitation on St. George's island by the British fleet 
under the command of lord Dunmore; and a petition from Roger 
Jones and John Jones, of Dorchester county, setting forth that they 
were possessed of two negro men slaves, to wit : Roger Jones of 
a negro man slave named Kit, and John Jones of a negro man 



1776.] 



OF THE PROVINCE OF MARYLAND. 



267 



slave named Robin ; that the said negro men slaves were indicted 
before the last Dorchester county August court, for the murder of a 
certain John Woolford, late of the same county, and tJiereof were 
convict ; and also that the said negro Kit was at the same court in- 
dicted and found guilty of feloniously stealing a certain schooner 
vessel, and recommending the aforesaid negroes Robin and Kit to 
the clemency and mercy of this house, were severally read and or- 
dered to lie on the table. 

The convention proceeded to elect a judge of the court of admi- 
ralty in the room of John Hall, esqr., who resigned that office, and 
John Rogers, esqr., was elected. 

On motion of Mr. Fitzhugh, Resolved, That it be recommended 
to the committee of Talbot county, to deliver Jour pieces of can- 
non, the property of William Molleson, and lent them by captain 
Nichols, to Mr. Thomas Contee, attorney in fact of the said Wil- 
liam Molleson. 

On motion of Mr. Bond, the question was put on the following: 
"Whereas by a resolution of the tenth of September last, the sev- 
eral committees of this state are continued to act with powers here- 
tofore vested in them, until the first day of December next, and as 
the said resolve cannot be fully complied with, occasioned by the 
resignation of several members of the said committees, therefore, 
Resolved, That committees of observation and licensing suits be 
chosen as directed by resolves of convention of the twenty-sixth 
of July one thousand seven hundred and seventy-five, and contin- 
ued for one year, or until superceded by the future regulations of 
this state," and carried in the negative. 

NEGATIVE. 

Mr. Plater, Mr. Edelen, Mr. Edmondson, 

Dent, Schriver, John Ennalis, 

Parnham, Beall, Potter, 

Grahame, Stull, Mason, 

Bowie, J. Smith, Dickinson, 

B. Hall, Gilpin, Johnson, 

Sprigg, D. Smith, Geo. Scott,* 

S. Chase, T. Ringgold, Horsey, 

Paca, W. Ringgold, Lowes, 

J. Wilson, T. Wright, Mitchell. 

Sheredine, S. Wright, 

AFFIRMATIVE. 

Mr. Fitzhugh, Mr. Ridgely, Mr. Ewing, 

J. Mackall, Deye, Brevard, 



268 



PROCEEDINGS OF THE CONVENTION 



[1776. 



Mr. Hammond, 
Wootton, 
Bayly, 
Williams, 
Fischer, 



Mr. 



Mr. 



Kent, 
Bruff, 
Gibson, 
Bishop. 



Stevenson, 
Shepherd, 
Bond, 
H. Wilson, 
Archer, 
Convention adjourns till to-morrow morning, 9 o'clock. 

TUESDAY, October 8, 177G. 
Convention met. All members present as on yesterday. The pro- 
ceedings of yesterday were read. Mr. Hooe appeared in the house. 
A petition from a majority of captain Richard Chew's company 
of militia, of colonel John Weem's battalion, against their captain, 
was read and ordered to lie on the table. 

On motion of Mr. Fitzhugh, the question was put on the follow- 
ing : "As delegating members to the general congress who are not 
representatives of the people of this state, is erecting or consti- 
tuting a power inconsistent with and dangerous to the rights and 
liberties of the good people of this state, Resolved, That no person 
whatsoever, except a delegate of the people in convention, be cho- 
sen or qualified to serve in this state as a member of the general 
congress," and carried in the negative. 

NEGATIVE. 
Mr. Sheredine, 

Edelen, 

Schriver, 

Be all, 

Stull, 

J. Smith, 

J. T. Chase, 

Gilpin, 

Ewing, 

D. Smith, 

T. Ringgold, 

W. Ringgold, 

T. Smyth, 

T. Wright, 

Kent, 

Bruff, 
AFFIMATIVE. 
Mr. Williams, 

Ridgely, 

Deye, 

Stevenson, 

Shepherd, 

Bond, 



Mr. Barnes, 
Fenwick, 
Plater, 
Hooe, 
Dent, 
Parnham, 
B. Hall, 
Sprigg, 
J. Hall, 
Worthington, 
S. Chase, 
Paca, 
Carroll, 
J. Wilson, 
Bayly, 
Fischer, 



Mr. 



Mr. Grahame, 
Fitzhugh, 
J. Mackall, 
Bowie, 
Hammond, 
Wootton, 



Mr. 



Edmondson, 

Gibson, 

Chamberlaine, 

John Ennalls, 

Jos. Ennalls, 

Potter, 

Mason, 

Dickinson, 

Johnson, 

Gust. Scott, 

Geo. Scott, 

Horsey, 

Lowes, 

Chaille, 

Bishop, 

Mitchell. 

H. Wilson, 
Love, 
Archer, 
Brevard, 
S. Wriffht. 



1776.] 



OF THE PROVINCE OF MARYLAND. 



269 



On motion of Mr. H. Wilson, That the deputies from this state 
to the continental congress be each allowed the sum often pounds 
common money, and no more, per week, during their attendance 
in congress.? An amendment was proposed to insert twelve pounds 
ten shillings instead of ten pounds, on which amendment the ques- 
tion was put, and resolved in the affirmative. 

AFFIRMATIVE. 

Mr. S. Chase, Mr. Gilpin, 

Paca, Ewing, 

Carroll, Brevard, 

J. Wilson, T. Wright, 

Bayly, Kent, 

Fischer, S. Wright, 

Sheredine, Bruff, 

Edelen, Potter, 

Beall, Mason, 

Stull, Dickinson, 

J. T. Chase, Lowes. 

NEGATIVE. 

Bond, 

H. Wilson, 

Love, 

Archer, 

D. Smith, 

T. Ringgold, 

W. Ringgold, 

Edmondson, 

Gibson, 



Mr. Barnes, 
Fenwick, 
Plater, 
Dent, 
Grahame, 
Fitzhugh, 
J. Mackall, 
Bowie, 

Sprigg, 

J. Hall, 

Worthington, 



INIr, 



Mr. 



Mr. Chamberlaine, 
John Ennalls, 
Jos. Ennalls, 
Gus. Scotf, 
Geo. Scott, 
Horsey, 
Chaille, 
Bishop, 
|MitchelI. 



Hooe, 

B. Hall, 

Hammond, 

Wootton, 

Williams, 

Schriver, 

Ridgely, 

Deye, 

Stevenson, 

Shepherd, 
The question was then put, That the deputies from this state to 
the continental congress be each allowed the sum of twelve pounds 
ten shillings common money per week, and no more, from the 
time they leave home until their return ? and resolved in the affir- 
mative. 

On motion of Mr. T. Ringgold, the question was put, That the 
members of the present and future conventions of this state be al- 
lowed ten shillings per day for their attendance, besides the usual 
itinerant charges, any resolve of a former convention to the con- 
trary notwithstanding. 

AFFIRMATIVE. 
Mr. Hooe, Mr. Bayly, Mr. Love, 

Bowie, Williams, Archer, 



270 



PROCEEDINGS OF THE CONVENTION 



[1776. 



Mr. 



B. Hall, 

Sprigg, 
Hammond, 
Worthington, 
Wootton, 
J. Wilson, 



Mr. 



Mr. Sheredine, 
Ridgely, 
Deye, 
Stevenson, 
Bond, 
H. Wilson, 

NEGATIVE. 

Mr. Schriver, 
Beall, 
Stull, 
Shepherd, 
J. Smith, 
J. T. Chase, 
Gilpin, 
Brevard, 
T. Smyth, 
T. Wright, 
Kent, 
S. Wright, 
BrufF, 



Mr. Ewing, 
D. Smith, 
T. Ringgold, 
W. Ringgold, 
Gibson, 
John Ennalls. 



Mr. Edmondson, 
Chamberlaine, 
Jos. Ennalls, 
Potter, 
Mason, 
Dickinson, 
Johnson, 
Geo. Scott, 
Horsey, 
Lowes, 
Chaille, 
Bishop, 
Mitchell. 



Barnes, 

Fenwick, 

Plater, 

Dent, 

Parnham, 

Grahame, 

Fitzhugh, 

J. Mackall, 

J. Hall, 

S. Chase, 

Paca, 

Carroll, 

Fischer, 

Edelen, 
The order of the day, that the convention will resolve itself into 
a committee of the whole, to take into consideration the declara- 
tion and charter of rights, and form of government for this state, 
being read, the same was referred till to-morrow. 

Mr. T. Ringgold brings in and delivers to Mr. President a re- 
port from the committee appointed to prepare a scheme for the 
emission of bills of credit for the defence of this state, and such 
other purposes as shall be directed by the convention or legislatnre 
of this state; and Mr. S. Chase brings and delivers to Mr. Presi- 
dent a report from the committee to whom were referred the letter 
and resolutions of congress of the 16th, 18th, and 19th of Septem- 
ber last ; which were read and ordered to lie on the table. 
Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. Hughs appeared in the house. 

On motion of Mr. Bond, That a committee of observation and 
licensing suits for Harford county be chosen as directed by a re- 
solve of convention in July, one thousand seven hundred and sev- 
enty-five, and that Messrs. Amos Garret, Thomas Johnson, and 
Thomas Bond, jun., or any two of them, be judges of the said elec- 
tion, and that the said election be held at the court house of the 



1776.] 



OF THE PROVINCE OF MARYLAND. 



271 



said county, on the twenty sixth day of this instant; the said com- 
mittees to continue until the first day of December next, or until 
superseded by future regulations of this state ? The previous 
question was called for and put. whether the above question be 
now put? Carried in the negative. 

AFFIRMATIVE. 



Mr. Grahame, 
Fitzhugh, 
J. Mackall, 
Hammond, 
J. Hall, 
Paca, 
Wootton, 
Williams, 
Ridgely, 



Mr. Deye, 

Stevenson, 

Shepherd, 

Bond, 

H. Wilson, 

Love, 

Archer, 

Ewing, 



Mr. Brevard, 
T. Wiight, 
Kent, 
Bruff, 
Gibson, 
Horsey, 
Geo. Scoot, 
Chaille, 



NEGATIVE. 

Mr. Sheredine, 
Edelen, 
Schriver, 
Beall, 
Hughs, 
Stull, 
J. Smith, 
J. T. Chase, 
Gilpin, 
D. Smith, 
T. Ringgold, 
W. Ringgold, 
T. Smyth, 



Mr. S. Wright, 
Edmondson, 
Chamberlaine, 
John Ennalls, 
Joseph Ennalls, 
Potter, 
Mason, 
Dickinson, 
Johnson, 
Gust. Scott, 
Lowes, 
Bishop, 
Mitchell, 



Mr. Barnes, 
Fen wick, 
Hooe, 
Dent, 
Parnham, 
Bowie, 
B. Hall, 
Sprigg, 
Worthington, 
S. Chase, 
Carroll, 
J. Wilson, 
Bayly, 
Fischer, 
Convention adjourns till to-morrow morning, 9 o'clock. 

WEDNESDAY, October 9, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Marbury appeared in 
the house. 

On motion of Mr. Wootton, Resolved, That the commissioners 
for Montgomery county have the line which divides Frederick and 
Montgomery counties laid off and marked by the surveyor of Fred- 
erick county, at least ten days before the election for fixing on 
the place for building a court house and prison for said county, 
and that the qualification of voters for the purpose of fixing on the 



<J72 PROCEEDINGS OF THE CONVENTION [1776. 

most convenient place for a court house and prison in the said 
county, be the same as of voters for representatives in this conven- 
tion. 

Mr. Murray appeared in the house. 

Ordered, That no person who has refused or neglected to sub- 
scribe the association (unless from religious principles) be per- 
mitted to come within the doors of this house during the sitting of 
the convention. 

The convention took into consideration the report from the com- 
mittee appointed to consider of the letter and resolutions of con- 
gress of the sixteentji, eighteenth and nineteenth of September last, 
and thereupon came to the following resolutions. 

Resolved, That the eight battalions required by congress to be 
raised by this state, exceeds its just quota, being as they presume, 
founded on a calculation of white and black inhabitants of both 
sexes and of all ages, whereas the quotas of men to be raised by 
the several states, ought to be in proportion to the number of white 
inhabitants only in each state respectively. 

That this state ought not to comply with the proposed terms of 
granting lands to the officers and soldiers, because there are no 
lands belonging solely and exclusively to this state; the purchase 
of lands might eventually involve this state in an expense exceed- 
ing its abilities, and an engagement by this state to defray the ex- 
pense of purchasing land, according to its number of souls, would 
be unequal and unjust. 

That this state desirous of exerting the most strenuous efforts 
to support the liberties and independence of the United States, will 
therefore use its utmost endeavours to raise the eight battalions re- 
quired (including the troops already raised and in the service of the 
United States) as soon as possible. 

That for this purpose this state will give a bounty of ten dollars 
to each non-commissioned officer and soldier who will enlist in the 
service of the United States for the war, in lieu of the hundred 
acres of land offered to them by congress. 

That four commissioners be appointed to repair to the camps in 
the Jerseys and New York, and there obtain a list of such of the offi- 
cers in the regular troops and flying camp from this state, now in the 
service of the United States, as are willing to engage in the service 
during the war ; and also to enlist or cause to be enlisted all or ev- 
ery of the said regular troops or flying camp militia in the service 
of the United States during the war, continuing the regular battal- 
ion and forming the independent companies into a battalion, and 
filling both up according to the continental establishment ; and 



1776.] or THE PROVINCE OF MARYLAND. 273 

Said info battalions; and the said commissioners, or any three of 
them, may also fill up such of the blank commissions sent to this 
convention by congress, as may be immediately necessary for the 
officering of the said corps; but in filling up the said commissions 
they are required not to introduce into the corps of the now regu- 
lars, any officer other than such as are of those regulars, nor into 
the corps which may be formed of the flying camp militia, any of- 
ficer not now an officer in the said regulars or flying camp ; and 
the commissioners are also required to leave some of the offices 
vacant, that cadets of merit may be provided for; which list of the 
officers so to be obtained, as well as a list of the appointments 
which shall be made as aforesaid, the said commissioners shall re- 
turn to this convention, or in their recess to the council of safety. 
That the commissioners exert their utmost endeavors to procure 
the enlistment of the regular troops andmilitia from this state in the 
continental service, and make report of the state and condition of 
the forces from this state now in camp. 

That the commissioners be furnished with money sufficient to 
advance the bounty of ten dollars as aforesaid. 

That the council of safety, in the recess of convention, be em*- 
powered to issue warrants for the enlistment of such number of 
non-commissioned officers and privates, and also to appoint and 
commission such field and commission officers as may be necessa- 
ry to make up the said eight battalions. 

That the said commissioners, or any three or two of them, are 
empowered to receive of congress any sum not exceeding thirty-six 
thousand one hundred and twenty pounds, in dollars, at seven shil- 
lings and six pence per dollar, on account of this state, to be ap- 
plied in the said bounties. 

That the commissioners be- instructed to consult with, and take 
advice from, his excellency general Washington, respecting the 
promotion or appointment of officers in colonel Smallwood's regi- 
ment, and the appointments to be made in the battalion to be form- 
ed of the independent companies and flying camp of this state. 

That the officers ta whom warrants issued for the enrollment of 
non-commissioned officers and privates for the two last battalions 
directed by the convention to be raised for the flying camp, imme- 
diately return lists of the men by them enrolled in pursuance of 
those warrants, to the council of safety, and forbear any further 
enrollment; that such of the companies as are full or nearly full 
be equipped and marched as soon as may be, and such of the 
companies as are not nearly full be discharged; and that the boun- 
ty money not expended be returned. 
35 



274 



PROCEEDINGS OF THE CONVENTION 



[1716. 



That the said commissioners be allowed each twelve pounds ten 
shillings common money per week from the time they leave home 
until their return. 

The convention then proceeded lo elect the commissioners afore- 
said, and James Lloyd Chamberlaine, Benjamin Rnmsey, Thomas 
Contee, and John Hanson, jr., esqrs., were elected. 

Ordered, That the president prepare a letter to ihe president of 
congress, and transmit a cony of the above resolutions therein. 

The order of the day for taking into consideration the letter from 
the president of congress, of the second instant, was read and re- 
ferred till to-morrow. 

Convention adjourns till to-morrow morning, 9 o'clock. 



THURSDAY, October 10, 1776. 



The 



Convention met. All members present as on yesterday, 
proceedings of yesterday, were read. 

On motion of Mr. J. Mackall, the question was put on the fol- 
lowing, "As the people have a right and ought to know the con- 
duct and behavior of their representatives, Resolved, That on all 
questions to be determined in this convention by a committee of 
the whole house, the yeas and nays shall be taken when called for 
by any member of the house and seconded, any custom or usage 
of parliament, assemblies, or former conventions to the contrary 
notwithstanding," and carried in the negative. 



Mr. Fitzhugb, 
J. Mackall, 
Hammond, 

Mr. Barnes, 
Fenwick, 
Plater, 
Hooe, 
Dent, 
Parnham, 
Grahame, 
Bowie, 
B. Hall, 
Sprigg, 
Marbury, 
J. Hall, 
Worthington, 



AFFIRMATIVE. 

Mr. Fischer, Mr. Deye, 

Ridgely, Bond. 



NEGATIVE. 
Mr. Sheredine, 
Edelen, 
Schriver, 
Beall, 
Hughs, 
Stull, 

Stevenson, 
J. Smith, 
J. T. Chase, 
H. Wilson, 
Love, 
Archer, 
Gilpin, 



Mr. Kent, 

S. Wright, 

Bruff, 

Edmondson," 

Gibson, 

Chamberlaine, 

Murray, 

John Ennalls, 

Jos. Ennalls, 

Potter, 

Mason, 

Dickinson, 

Johnson, 



1776.] OF THE PROVINCE OF MARYLAND. 275 

Mr. S. Chase, Mr. Ewing, Mr. Gust. Scott, 

Paca, D. Smith, Geo. Scott, 

Carroll, Brevard, Horsey, 

Wootton, T. Ringgold, ■ Lowes, 

J. Wilson, W. Ringgold, Chailie. 

Bayly, T. Smyth, Mitchell. 

Williams, T. Wright, 

Agreeable to the order of the day the convention resolved itself 
into a committee of the whole, to take into consideration (he de- 
claration and charter of rights, and form of government for this 
state; Mr. Worthington in the chair. After some time spent there- 
in Ml. President resumed the chair, and Mr. Worthington report- 
ed, that the committee had, according to order, taken into their 
consideration the declaration of rights, and form of government for 
this state, but not being able to go through the same, had directed 
him to move for leave to sit again. 

Resolved, That this convention will in the afternoon resolve itself 
into a committee of the whole, to consider further of the same. 
Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. Jordan appeared in the house. 

According to order the convention resolved itself into a commit- 
tee of the whole, to consider further of the declaration of rights, 
and form of government for this state ; Mr. Worthington in the 
chair. After some time spent therein, Mr. President resumed the 
chair, and Mr. Worthington reported, that the committee had, ac- 
cording to order, taken into their consideration the declaration of 
rights, and form of government for this state, but not having had 
time to go through the same, had directed him to move for leave to 
sit again. 

Resolved, That this convention will to-morrow morning resolve 
itself ilo a committee of the whole, to consider further of the same. 

Convention adjourns till to-morrow morning, 9 o'clock. 

FRIDAY, October II, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. 

A petition from sundry inhabitants, on behalf of themselves and 
other freeholders and inhabitants of that part of Prince George's 
county which lies to the westward of the eastern branch of Potow- 
mac river, praying that that part of Prince George's county which 
lies to the westward of the eastern branch of Potowmac river afore- 



2:6 PROCEEDINGS OF THE CONVENTION [1776, 

said, may be annexed to the lower district of Frederick, now Mont- 
gomery county, and to have their court house and other public 
buildings erected in Georgetown, was read and ordered to lie on 
the table. 

On motioin of Mr. Paca, Resolved, That the several v^essels lately 
drifted on the shores of this state from lord Dunmore's fleet, or 
otherwise made capture of, be raised up, appraised, and fitted out 
for the use of this state, or exposed to sale, at the discretion of the 
council of safety; the cargoes of the said vessels to be also ex- 
posed to sale, and the monies arising from the sale of the said ves- 
sels and cargoes, be paid into the hands of the tieasurer of the 
western shore, subject to the disposal of this or a future legislature. 

Agreeable to the order of the day the convention resolved itself 
into -a committee of the whole, to consider further of the declara- 
tion of rights, and form of government for this state ; Mr. Wor- 
thington in the chair. After some time spent therein, Mr. Presi- 
dent resumed the chair, and Mr. VVorthington reported, that the 
committee had, according to order, taken into their consideration 
the declaration of rights, and form of government for this state, 
but not having had time to go through the same, had directed him 
to move for leave to sit again. 

Resolved, That this convention will in the afternoon resolve itself 
into a committe of the whole, to consider further of the same. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

The order of the day that the convention will resolve itself into 
a committee of the whole, to consider further of the declaration of 
rights, and form of government of this state, being read, Resolved, 
That this convention will on to-morrow resolve itself into a com- 
mittee of the whole, to consider further of the same. 

Convention adjourns till to-morrow morning, 9 o'clock. 

SATURDAY October 12, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Edmondson, Mr. Shep- 
herd, Mr. T. Smyth, Mr. T. Ringgold, Mr. Paca and Mr. W. Ring- 
gold, have leave of absence for a few days. 

The convention appointed Edward Cockey colonel, Joshua 
Stevenson lieutenant-colonel, Micajah JMerryman first major, Ste- 
phen Cromwell Second major, and John Robert HoUyday quarter- 
master, of the Gunpowder upper battalion of militia in Baltimore 
county. 



1776.] OF THE PROVINCE OF MARYLAND. 27? 

Mr. Ridgely and Mr. Hiicrhs have leave of absence for a few days. 

On motion of IMr. J. Hnl!, Resolved, That the several companies 
of the flying camp that have been raised under the resolve of con- 
vention for raising f.vo additional battalions, be distributed into the 
four battalions for the flying camp heretofore raised in such n:an- 
ner as the commissioners appointed to repair to canip and attend 
the new enlistment may think proper. 

On reading a letter from the reverend John Scott, to the presi- 
dent, Resolved, That on the said reverend John Scott's giving bond, 
with two or more good and sufficient securities, in the penalty of 
one thousand pounds sterling, payable to the president of the coun- 
cil of safety for the time being, condition that he will not go on 
the eastern shore in Maryland or Virginia, and that he will not 
correspond unpon public matters with any person whatsoever, the 
said John Scott be permitted to reside in any pait of the western 
shore of Virginia, or in Frederick county in this state, and that on his 
giving such bond and the same being approved by this convention 
or the council of safety, his bond dated the twenty-ninth day ot 
August last shall be void, as to any matter or thing thereafter to be 
done by the said John Scott; and that for the purpose of giving 
such new bond, the said John Scott be permitted to come to 
Annapolis. 

Mr. Bowie has leave of absence till Tuesday next. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

Mr. Sheredine brings in and delivers to Mr. President a report 
from the committee appointed to enquire into the truth of the facts 
set forth in the petition of the present and late sheriffs of Fred- 
erick county, which was read and concurred with, and thereupon 
Resolved, That it be recommended to the inhabitants of Frederick 
county to pay their public levies without delay. 

The order of the day for taking into consideration the declara- 
tion of rights and form of government lor this state being read, 
Resolved, That this convention will on Monday next resolve itself 
into a committee of the whole to consider of the same. 

Convention adjourns till Monday morning, 9 o'clock. 

MONDAY, October 2, 1776. 

'i Convention met. All members present as on Saturday, except 
Mr. Bowie, Mr. Paca, Mr. Wootton, Mr. Ridgely, Mr. Shepherd, 
Mr. T. Ringgold, Mr. W. Ringgold, Mr. T. Smyth, Mr. Ed- 
mondson, and Mr. Chamberlaine. The proceedings of Saturday 
were read. 



273 



PROCEEDINGS OF THE CONVENTION 



[1776. 



On motiom of Mr. Parnhani, Resolved, That this convention will 
enter on no new business (except I'tom evident necessity) untill 
they h:ive finished the consideration oT the declaration of rights and 
form of government. 

On motion of Mr. Parnham the question was put, That for the 
expediting the bills of rights and form of government the house shal 
sit, while that business is transacting, every evening, till 8 o'clock .' 
Resolved in the affirmative. 

AFFIRMATIVE. 



Mr. 



Fenwick, 

Jordan, 

Hooe, 

Dent, 

Parnham, 

Sprigg, 

Marbury, 

J. Wilson, 

Bayly, 

Williams, 

Fischer, 



Mr. 



Mr. 



Mr. Barnes, 
Plater, 
Grahame, 
Fitzhugh, 
J. Hall, 
Worthington, 



Mr. 



Mr. 



Sheredine, 

Edeleii, 

Schriver, 

Beall, 

Hughs, 

Stall, 

Deye, 

Stevenson, 

J. Smith, 

J. T. Chase. 

H. Wilson, 

NEGATIVE. 

S. Chase, 
Carroll, 
T. Wright, 
Kent, 
Potter, 
Mason, 

Agreeable to the order of the day, the convention resolved itself 
into a committee of the whole, to consider of the declaration of 
rights, and form of government for this state ; Mr. T. Wright in the 
chair. After some time spent therein, Mr. President resumed the 
chair, and Mr. T. Wright reported that the committee had, accord- 
ing to order taken into their consideration the declaration of rights 
and form of government for this state, and had come to several re- 
solutions thereon, but not having had time to come to a conclu- 
sion, had directed him to move for leave to sit again. 

Resolved, That this convention will to-morrow morning resolve it- 
self into a committee of the whole to consider further of the same. 
Convention adjourns till to-morrow morning, 9 o'clock. 

TUESDAY, October 15, 1779. 
Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Paca, Mr. Shepherd, and 
Mr. W. Ringgold, appeared in the house. 



Love, 

Ewing, 

Archer, 

Gilpin, 

D. Smith, 

Brevard, 

Murray, 

John Ennalls, 

Jos. Enjialls, 

Dickinson, 

Horsey, 

Johnson, 
Gus. Scott, 
Geo. Scott, 
Lowes, 

Chaille, 

Mitchell. 



1776.] OF THE PROVINCE OF MARYLAND. 279 

Agreeable to the order of the day, the convention resolved itself 
into a committee of tlie whole to consider further of the declaration 
of rights and form of government for this state; Mr. T. Wright in 
the chair. After some time spent therein, Mr. President resumed 
the chair, and Mr. Wright reported, that the committee had accord- 
ing to order take into their consideration the declaration of rights, 
and form of government, and had come to several resolutions there- 
on, but not havisig had tiine to come to a conclusion had directed 
him to move for leave to sit again. 

Resolved, That this convention will to-morrow morning resolve 
itself into a committee of whole, to consider further of the same. 

Convention adjourns till to-morrow morning, 9 o'clock. 

WEDNESDAY, October 16, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Bowie appeared in the 
house. 

On motion of Mr. Johnson, /2eso/ue(/, That the commissioners 
of the loan office put no bonds in that office in suit before the 
first day of January next, because of the non-payment of interest 
thereon, and that they advertise in Maryland Gazette, and God- 
dard's and Dunlap's papers printed in Baltimore town, that no fur- 
ther indulgence will be given. 

Agreeable to the order of the day, the convention resolved itself 
into a committee of the whole to consider further of the declara- 
tion of rights, and form of government for this state ; Mr. T. Wrignt 
in the chair. After some time spent therein Mr. President resum- 
ed the chair, and Mr. Wright reported that the committee had, ac- 
cording to order, taken into their consideration the declaration of 
rights, and form of government for this state, and had come to 
several resolutions thereon, but not having had time to come to a 
conclusion, had directed him to move for leave to sit again. 

Resolved, That this convention will in the afternoon resolve 
itself into a committe of the whole, to consider further of the 
same. 

Resolved, That the council of safety be empowered to draw for 
a sum not exceeding fifteen thousand pounds of the bills of credit 
nowremaining in the hands of the treasurers, appropriated for call- 
ing in and exchanging the bills of credit issued by the convention 
in July, seventeen hundred and seventy five, and that they apply 
the same or any part thereof to the use of the public as occasion 
may require, and that this convention will make such provision for 
calling in and exchnging the said former emission as may be 
necessary. 

Adjourned till 3 o'clock. 



280 PROCEEDINGS OF THE CONVENTION [l^T^' 

POST MERIDIEM. 

Convention met. Mr. Edmondson and Mr. T. Sinyth appeared 
in the house. 

A petition from Basil Ciarkson praying to be released from 
Anne Anindle county jail, was read and ordered to lie on the table. 

On reading a letter from Samuel Purviance, jun., chairman of the 
committee of observation for Baltimore county, respecting the con- 
duct of Francis Sanderson, the same was taken into consideration, 
and the said Francis Sanderson called before the Convention, and 
on the examination of several witnesses and hearing him in his 
defence. 

On motion of Mr. Paca, the question was put, That the said 
Francis Sanderson is guilty of delivering sentiments tending to 
discourage the American opposition to the hostile attempts of 
Great Britain : That therefore he be reprimanded at the bar of this 
house by the president ; that he give bond in the penalty of one 
thousand pounds, with good security, to be approved of by the com- 
mittee of Baltimore county, to the president, conditioned that he 
will not hereafter speak or do any matter or thing in prejudice or 
discouragement of the present opposition ; that he pay all the ex- 
penses incurred on account of his being apprehended, guarded, 
and brought to this convention, and that thereupon he be discharg- 
ed ? Resolved in the affirmative. 

AFFIRMATIVE. 

Mr. Barnes, Mr. Hughs, Mr. Edmondson, 

Fenwick, Stull, Murray, 

Plater, Deye, Gibson, 

Jordan, Stevenson, John Ennalls, 

Grahame, Shepherd, Joseph Ennalls, 

Fitzhugh, J. Smith, Potter, 

J. Mackall, Bond, Mason, 

B. Hall, H. Wilson, Dickinson, 

Sprigg, Love, Johnson, 

Hammond, Archer, Gust. Scott, 

J. Hall, Gilphin, Geo. Scott, 

Worthington, Ewing, Horsey, 

Paca, D. Smith, Lowes, 

Carrol], Brevard, Chaille, 

J.Wilson, W.Ringgold, Bishop, 

Fischer, T. Wright, Mitchell. 
Beall, 



1776.] OF THE PROVINCE OF MARYLAND. CJ79 

NEGATIVE. 

Mr. Bowie, Mr. Marbury, Mr. Sheredine, 

Hooe, Bayly, Edelen, 

l^eiit, Williams, Kent. 

Parnham, 
Francis Sanderson was then called to the bar of the house, and 

reprimanded accordingly. 

Convention adjourns till to-morrow morning, 9 o'clock. 
THURSDAY, October 17, 177G. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. 

On motion of Mr. Johnson, Resolved, That the commissioners 
appointed to repair to the camps obtain a list of the cadets now in 
the Maryland troops at the camps in New York and the Jerseys, 
and return the same to this convention, or in their recess to the 
council of safety, and also return the names of such non-commis- 
sioned officers in the said troops, as may be recommended by their 
superior officers as men of merit. 

Whereas, this convention hath been informed that William SIu- 
by, merchant, of Chestertown in Kent county, hath lately in a 
public manner delivered eentiments and opinions with an intention 
to disunite and disaffect the good people of this state in their pre- 
sent opposition to the hostile attempts of Great Britain against the 
United States, therefore. Resolved, That the committee of obser- 
vation of the said county summon James Claypole of the said town 
to appear before them as a witness against said Sluby, and make 
enquiry into the truth of the said information, and report the facts 
arising thereon to this convention, or in their recess to the council 
of safety, and if they shall judge it necessary, take the said Sluby 
into custody, and send him under a guard of four of the militia to 
this convention, or the council of safety as aforesaid, to be dealt 
with as the nature of his offence may require. 

Ordered, That the clerk transmit a copy of the above resolution 
to the committee of observation of Kent county. 

On reading and considering the petition of John White of Dor- 
chester county, setting forth, that his sloop had been taken by a 
certain Joseph Whyland and carried to lord Dunmore's fleet, where 
she had been stript of her sails and rigging, and burned, but that 
the sails and rigging had been since taken in a vessel belonging to 
the enemy, and were now in the possession of a certain major Fol- 
lin of Dorchester county, and praving that the sails and rigging 
36 



280 PROCEEDINGS OF THE CONVENTION [1776. 

aforesaid might be restored to him, thereupon Resolved, That the 
said mnjor FoUin deliver to the said John White the sails and rig- 
ging of his sloop, he first ascertaining by oath or other sufficient 
proof, that the sails and rigging in the possession of major Follin 
arc the same which were taken from his sloop. 

On motion, Resolved, That the council of safety be empowered 
to make captain John Fnlford an allowance for his services in su- 
perintending the fortifications at the city of Annapolis, over and 
above his pay as captain of the artillery company, in proportion to 
what they may be of opinion he hath or shall deserve. 

Agreeable to the order of the day the convention resolved itself 
into a committee of the whole, to consider further of the declara- 
tion of rights, and form of government for this state ; Mr. T. 
Wright in the chair. After some time spent therein Mr. President 
resumed the chair, and Mr. Wright reported, that the committee 
had, according to order, taken into their consideration the decla- 
ration of rights, and form of government for this state, and had 
come to several resolutions thereon, but not having had time to 
come to a conclusion, had directed him to move for leave to sit 
again. 

Resolved, That this convention will on to-morrow resolve itself 
into a committee of the whole, to consider further of the same. 

Mr. Joseph Ennalls has leave of absence. 

On motion of Mr. Lowes, Ordered, That the petition of Basil 
Clarkson be referred to the council of safety. 

Convention adjourns till to-morrow morning, 9 o'clock. 

FRIDAY, October IS, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Joseph Ennalls. The proceedings of yesterday were read. 
Mr. Parnham has leave of absence. Mr. Ridgely appeared in the 
house. 

On motion, Rcsolred, That the council of safety be empowered 
to hear and determine on the case of William Bartlet Townsend of 
Worcester county, and to pass such judgment thereon as in their 
discretion they may think fit. 

Agreeable to the order of the day the convention resolved itself 
into a committee of the whole, to consider further of the declara- 
tion of rights, and form of governn)ent for this state , Mr. T. 
Wright in the chair. After some time spent therein Mr. President 
resumed the chair, and Mr. Wright reported that the committee 
had, according to order, taken into their consideration the decla- 
ration of rights, and form of government for this state, and had 



1776.] OF THE PROVINCE OF MARYLAOT). 291 

come to several resolutions thereon, but not having had time to 
come to a conclusion, had directed him to move for leave to sit 
again. 

Resolved, That this convention will on to-morrow resolve itself 
into a committee of the whole, to consider further of the same. 

Convention adjourns to-morrow morning, 9 o'clock. 

SATURDAY, October 19, 1776. 

Convention met. All members present as on yesterday, except 
JVfr. Parnham. The proceedings of yesterday were read. 

On motion of Mr. Johnson, Resolved, That every member who 
asks for leave of absence shall give his reasons for asking such 
leave, and that they be entered on the journal. 

Mr. T. Wright has leave of absence till Wednesday next, on ac- 
count of particular private business. Mr. Fischer has leave of ab- 
sence for a kw days. Mr. Hughs has leave of absence, his private 
affairs requiring his attendance at home. 

Agreeable to the order of the day the convention resolved itself 
into a committee of the whole, to consider further of the declara- 
tion of rights, and form of government for this state; Mr. \\ orth- 
ington in the chair. After some time spent therein Mr. President 
resumed the chair, and Mr. Worthington reported, that the com- 
mittee had, according to order, taken into their consideration the 
declaration of rights, and form of government for this state, and 
had come to several resolutions thereon, but not having had time 
to come to a conclusion, had directed him to move for leave to sit 
again. 

Resolved, That this convention will on to-morrow resolve itself 
into a committee of the whole, to consider further of the same. 

Mr. S. Wright has leave of absence on account of his bad state 
of health. Mr. Mason has leave of absence on account of the 
sickness of his family. 

Convention adjourns till Monday morning, 9 o'clock. 

MONDAY, October 21, 1776. 

Convention met. All members present as on Saturday, except 
Mr. Fischer, Mr. T. Wright, Mr. S. Wright, Mr. Mason, Mr. 
Dickinson, Mr. Hughs, and Mr. Sprigg. The proceedings of Sat- 
urday were read. Mr. Dent has leave of absence. 

Agreeable to the order of the day the conveutiim resolved itself 
into a committee of the whole, to consider further of the declara- 
tion of rights, and form of government for this state; Mr. Worth- 
ington in the chair. After some time spent therein Mr. President 



282 PROCEEDINGS OF THE CONVENTION [1776. 

resumed the chair, and Mr. VVorthington reported, that the com- 
mittee had, according to order, taken into their consideration the de- 
claration of rights, and form of government for this state, and had 
come to several resolutions thereon, but not having had time to 
come to a conclusion, had directed him to move for leave to sit 
again. 

Resolved, That this convention will on to-morrow resolve itself 
into a committee of the whole, to consider further of the same. 
Mr. Earle appeared in the house. 

On reading and considering the petition of sundry inhabitants of 
Washington county, setting forth, that by a late resolve of con- 
vention the election for fixing the place for the court house of 
Washington county was to be held at Hagerstown, which would 
be so distant from many of the inhabitants of the said county that 
it would be very inconvenient for them to attend, and praying that 
the election might be held for one or more days at Skipton or 
Old-town; thereupon the question was put, That for the ease and 
convenience of the inhabitants of the upper part of W^ashington 
county, the election for fixing the place for the court house of the 
said county shall be held two days at Skipton, beginning on the 
sixth day of November, and that Andrew Bruce, Lemuel Barret, 
and Thomas Warren, or any two of them, be judges of the said 
election, and give due notice to the inhabitants of the said county ; 
and that the judges appointed to hold the election at Hagerstown, 
and those appointed to hold the election at Skipton, meet together 
as soon as conveniently may be at Hagerstown, and there examine 
the said polls, and declare the said election according as the ma- 
jority of voters may appear to be on both the said polls? Resolv- 
ed in the affirmative. 

AFFIRMATIVE. 
Mr. Barnes, Mr. Deye, Mr. Kent, 

Fenwick, Stevenson, Gibson, 

Plater, Shepherd, Murray, 

Jordan, J. Smith, Potter, 

Hooe, .J. T. Chase, Johnson, 

Fitzhugh, Bond, Gust. Scott, 

B. Hall, H. Wilson, Geo. Scott, 

Carroll, Love, Horsey, 

J. Wilson, Archer, Lowes, 

Bayly, Gilpin, Chaille, 

Williams, Ewing, Bishop, 

Sheredine, Brevard, Mitchell, 

Edelen, W. Ringgold, Edmondson, 

Schriver, T. Smyth, Earle. 



1776.] OF THE PROVINCE OF MARYLAND. 283 

NEGATIVE. 

Mr. Stull, Mr. Beall. 

Convention adjourns lill to-morrow morning, 9 o'clock. 

TUESDAY, October '>2, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Dent. The proceedings of yesterday were read. 

A petition from William Richardson, setting forth, that he at the 
time of the alarming appearance of a hostile fleet under the direc- 
tion of lord Dunmore, on the thirteenth of July last, observed a 
sloop drifting towards the shore within about a mile and a half of 
his dwelling house, and a barge from the fleet rowing towards her, 
which soon scuttled the said sloop ; that he went oft" with his own 
negroes, intending to board her and save every thing on board the 
said sloop he possibly could ; that he accordingly saved and brought 
away a mainsail, topsail, and gib, a quantity of old iron, thirty-six 
pair of iron hinges, and fifty-three cow hides ; and that all the said 
articles were sent for and taken away by captain Uriah Forrest; 
and praying to be authorized to receive a moiety of the said articles 
procured by him as aforesaid, was read and ordered to lie on the 
table. 

Agreeable to the order of the day the convention resolved itself 
into a committee of the whole, to consider further of the declara™ 
tion of rights, and form of government for this state ; Mr. Worth- 
ington in the chair. After some time spent therein JNIr. President 
resumed the chair, and Mr. Worthington reported, that the com- 
mittee had, according to order, taken into their consideration the 
declaration of rights, and form of government for this state, and 
had come to several resolutions thereon, but not having had time 
to come to a conclusion, had directed him to move for leave to sit 
again. 

Resolved, That this convention will on to-morrow resolve itself 
into a committee of the whole, to consider further of the same. 

Convention adjourns till to-morrow morning, 9 o'clock. 

WEDNESDAY, October 23, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. 

On reading the petition of Jane Conn, wife of Hugh Conn, a 
private in captain Fulford's company of artillery, Ordered, That 
the said Hugh Conn be discharged from the service of this stale, 
on his procuring an effective man in his stead. 

On motion of Mr. Johnson, Resolved, That the council of safety 



284 PROCEEDINGS OF THE CONVENTION [1776. 

be empowered to give a bounty of twenty dollars to each able sea- 
man, and ten dollars to each landsman, who shall enlist to serve in 
the maiine service of the state during the war, or until discharged 
by the supreme authority of this state ; and that the council of safe- 
ty may also order any vessel now fitting, or which shall be fitted 
under the resolutions of convention, on such cruize as they may 
think tit; and farther the council of safety may retain any men who 
shall voluntarily offer and subscribe articles for a cruize only, with- 
out any bounty or wages, and any prizes which may be made, as to 
those who go on bounty and wages, shall be divisible according to 
the resolutions of Congress, two-thirds to the public, and one- 
third to the crew; but as to those who shall enter for the cruize 
without bounty or wages, the division shall be one half to the pub- 
lic, and one half amongst the crew, according to the common prac- 
tice of privateers. 

The convention having received information, that a number of 
the inhabitants of Caroline county had marched down into Dor- 
chester county, and committed sundry depredations in the said 
county, by entering the houses of the inhabitants thereof, and in a 
violent manner taking and carrying away their salt, and that sun- 
dry of the inhabitants of Dorcherter county had joined with them 
in committing such unwarrantable depredations and outrages, 

Ordered, That the committees of Caroline and Dorchester coun- 
ties make immediate enquiry into the causes of the said disorders, 
and, if they judge it necessary, to send under a sufiicient guard to 
this convention, or in their recess to the council of safety, such 
persons as shall appear to them to have been most active therein, 
and that the committees of Caroline and Dorchester counties do 
apply to brigadier-general Hooper, to order out such part of the 
militia under his command as they may judge necessary to bring 
the said offenders to justice. 

Mr. John Ennalls has leave of absence. 

Whereas, justice may in many instances require that individuals 
of this state enlisted in the service of the continent or of this state 
should be discharged, it is therefore Resolved, That the council of 
safety may discharge any such person either absolutely or condi- 
tionally on such terms as to them may seem proper. 

Agreeable to the order of the day, tlie convention resolved itself 
into a committee of the who'e, to consider further of the declara- 
tion of rights, and form of government for this state; Mr. Worth- 
ington in the chair. After some time spent therein, Mr. President 
resumed the chair, and Mr. Worthington reported that the commit- 
tee had according to order, taken into their consideration the de- 



1776.] OF THE PROVINCE OF MARYLAND. 285 

claration of rights, and form of governmfint for this state, and had 
come to several resolutions thereon, but not having had time to 
come to a conclusion, had directed him to move for leave to sit 
again. 

Resolved, Thit this convention will on to-morrow resolve itself 
into a committee of the whole to consider further of the same. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. INTr. Sprigg appeared in the house. 

Resolved, That three companies of artillery, each company to 
consist of ninety-two privates, four seijeants, four corporals, one 
drummer, and one fifer, commanded by one captain, one captain- 
lieutenant, and two lieutenants, be immediately raised; one of the 
said companies to be stationed nt Baltimore town, and the remain- 
ing two companies to be stationed at the city of Annapolis. That 
the non-commissioned officers and privates be enlisted in the ser- 
vice of this state for the war: That the officers receive the pay and 
rations established by the convention from the date of their com- 
missions; that the non-commissioned officers and privates receive 
their pay and rations from the day of their enlistment: That to 
encourage the speedy enrollment of the said companies, each non- 
commissioned officer and soldier shall, during their continuance in 
the setvice of this state, be annually clothed at the expense of this 
state, and for that purpose shall be entitled to receive a coat, waist- 
coat, and breeches, of coarse cloth, two white linen shirts, two pair 
of stockings, two pair of shoes, and a hat, and they shall not be 
compelled to march to any place out of this state. 

On motion of Mr. Johnson, Resolved, That the council of safe- 
ty issue warrants to recruiting Serjeants for the enlistment of men 
to serve in the artillery companies, according to resolutions of this 
day, and that such Serjeants may enlist any men already enrolled 
in any company of camp militia not under marching orders. 

Convention adjourns till to-morrow morning, 9 o'clock. 

THURSDAY, October 24, 1776. 

Convention met. All members present as on yesterday, except 
Mr. John Ennalls. The proceedings of yesterday were read. Mr. 
T. Wright appeared in the house. 

The petition of VVilliam Richardson was read a second time and 
referred to the council of safety. 

Mr. Dickinson appeared in the house. 

On reading a letter from Robert Peter and Thomas Richardson, 
of the sixteenth instant, to Thomas Johnson, esqr., and by him 



296 PROCEEDINGS OF THE CONVENTION [1776. 

communicated to the convention, relative to the ferry over Potow- 
mac river, Ordered, That the clerk be directed to give notice to the 
said Robert Peter and Thomas Richardson to attend this conven- 
tion on Friday the first of November next, and to bring with them 
the ferrymen of the said river, that an enquiry may be made into 
the facts set forth in the said letter. 

Agreeable to the order of the day, the convention resolved itself 
into a committee of the whole, to consider further of the declara- 
tion of rights, and form of government for this state ; Mr. T. Wright 
in the chair. After some time spent therein, INIr. President resum- 
ed the chair, and Mr. Wright reported, that the committee had, ac- 
cording to order, taken into their consideration the declaration of 
rights, and form of government for this state, and had come to sev- 
eral resohitiotjs thereon, but not having had time to come to a con- 
clusion, had directed him to move for leave to sit again. 

Resolved, That this convention will on to-morrow resolve itself 
into a committee of the whole to consider further of the same. 

Convention adjourns till to-morrow morning, 9 o'clock. 

FRIDAY, October 25, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Marbury and Mr. Shri- 
ver have leave of absence on account of particular private business. 

Agreeable to the order of the day, the convention resolved itself 
into a committee of the whole, to consider further of the declaration 
of rights, and form of government for this state; Mr. T. Wright in 
the chair. After some time spent therein, Mr. President resumed 
the chair, and Mr. Wright reported, that the committee had, ac- 
cording to order, taken into their consideration the declaration of 
rights and form of government for this state, and had come to sev- 
eral resolutions thereon, but not having had time to come to a con- 
clusion, had directed him to move for leave to sit again. 

Resolved, That this convention will on to-morrow resolve itself 
into a committee of the whole, to consider further of the same. 

Mr. Carroll has leave of absence till Wednesday next, on ac- 
count of the indisposition of his family; Mr. T. Smyth has leave of 
absence for a few days on account of particular private business. 

Convention adjourns till to-morrow morning, 9 o'clock. 

SATURDAY, October 26, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Marbury, Mr. Carroll, Mr. Schriver, and Mr. T. Smyth. The 



1776.] OF THE PROVINCE OF MARYLAND. 287 

proceedings of yesterday were read. Mr. J. Smith and Mr. Ridgely 
have leave of absence on account of particular private business. 

Whereas, many young men under twenty-one years, seized of 
lands and tenements within this state, have entered, and others so 
seized may enter, into the service of this state or the United States 
in arms, and by the laws now in being they cannot devise their 
lands or tenements, it is therefore Resolved, That any last will of 
any young man in the service aforesaid, made after he hath or shall 
have accomplished the age of sixteen years, shall, in case he hath 
died or shall die whilst in service as aforesaid, be of the same force 
and effect, to all intents and purposes, as if he was of the full age 
of twenty-one years at the time of his making the same will. 

Mr. Bishop has leave of absence on account of the indisposition 
of his brother. 

The president laid before the convention a letter from the com- 
mittee of observation for Kent county, relative to the conduct of 
Mr. William Sluby, which was read. 

Ordered, That the same be entered on the journal, and it follows 
in these words : 

Chestertown, October 23, 1776. 
"Gentlemen — Inclosed is a report of the facts, relative to Mr. 
Sluby's case, as they arose on the examination of Mr. Claypoole, 
and two others who were summoned by the committee at the re- 
quest of Mr. Sluby. The committee set two days on the business 
for want of time to'finish the examination the first day. Mr. Clay- 
poole was absent in the country the second day of our sitting, so 
that Mr. Sluby had not an opportunity of cross examining him. 
The committee are of opinion, that nothing appeared against Mr. 
Sluby, which would justify the exercise of the power of sending 
him under a guard to the convention. 

"Signed by order, JOHN COMBS, clerk com. 

"P. S. The reason Mr. Sluby did not cross examine Mr. Clay- 
poole on the first day is, that after Mr. Claypoole had delivered his 
testimony, the chairman was called off on necessary business. 
"To the honorable the convention at the city of Annapolis." 
Mr. Mason appeared in the house. 

Agreeable to the order of the day, the convention resolved itself 
into a committee of the whole, to consider further of the declara- 
tion of rights, and form of government for this state ; Mr. T. Wright 
in the chair. After some time spent therein, Mr. President resum- 
ed the chair, and Mr, Wright reported, that the committee had, ac- 
cording to order, taken into their consideration the declaration of 
rights, and form of government for this state, and had come to sev- 
37 



288 PROCEEDINGS OF THE CONVENTION [1776, 

eral resolutions thereon, but not having had time to come to a con- 
clusion, had directed him to move for leave to sit again. 

Resolved, That this convention will on Monday resolve itself 
into a committee of the whole to consider further of the same. 

On motion of Mr. J. Hall, Resolved, That the council of safety 
be authorised and empowered to make out commis«sions for captain 
Thoma.s Watkins, and also for his first and second lieutenants and 
ensign, Levin Lawrence, Thomas Todd, and John liams, jun., as 
as captain, first, second, and third lieutenants of a company of 
matrosses to be stationed in the city of Annapolis, and that they 
or either of them have power to enlist all the men of said company 
that are willing to enlist as matrosses, and to discharge such of 
them as are not willing to enlist after the first of December, and 
enlist others, so that the said company may be completed to the 
number of ninety-two ptivates, besides commissioned and non- 
commissioned officers. 

Convention adjourns till Monday morning, 9 o'clock. 

MONDAY, October 28, J 776. 

Convention met. All members present as on Saturday, except 
Mr. Ridgely, Mr. J. Smith, Mr. Bishop, and Mr. Kent. The pro-- 
ceedings of Saturday were read. Mr. Dent, Mr. Parnham, and 
Mr. S. Wright, appeared in the house. Mr. Lowes has leave of ab- 
sence on account of sickness. 

Mr. Sheredinc brings in and delivers to Mr. President a report 
from the committee appointed to enquire how far the resolves of the 
last convention of the sixth of July for raising two companies of 
rifle-men, and four companies of Germans, have been complied 
with, and into the expenditure of the money advanced for the rais- 
ino- those companies, which was read in the words following, to 
wit: 

"In obedience to the order of the honourable convention, the 
committee appointed to enquire how far the resolves of the con- 
vention of the sixth of July last for raising two companies of rifle 
men, and four companies of Germans, have been complied with, 
and into the expenJiture of the the money advanced for raising 
those companies, beg leave to report. That the committee of ob- 
servation for Harford, Baltimore, and Frederick counties, recom- 
mended officers for the several companies agreeable to the re- 
solves of the said convention ; that the rifle company and four 
companies of Germans for Frederick and Baltimore counties have 
some time since marched for their place of destination ; that the 
company of rifle men for Harford county is not yet complete, hav- 
ing not more than fifty men. 



1776.] OF THE PROVINCE OF MARYLAND. 289 

"They further beg leave to report, that the sum of fifteen hun- 
dred and twenty dollars appears to have been advanced by the del- 
egates in congress on account of the German battalion to colonel 
George Strieker, out of which, by an account rendered to the sec- 
ond day of September, the sum of four hundred and twenty-four 
pounds ten shillings his been paid to the different captains of those 
companies, which leaves a balance in colonel Strieker's hands of 
one hundred and forty-five pounds ten shillings : that the sum of 
eight hundred dollars appears to have been advanced by the coun- 
cil of safety to major Ludowick Weltner, and by his account ren- 
dered, he has paid to the different captains of the German compa- 
nies for their use and for arms and blankets, three hundred and 
eleven pounds ten shillings; there remains a balance in his favour 
of eleven pounds ten shillings: that the sum of eight hundred and 
sixty dollars appears to have been advanced by said council to 
captain William Heiser of the German battalion, and by an ac- 
count rendered by him to the eighth of September, the further sums 
of seventy pounds by colonel Strieker, and thirty-seven pounds ten 
shilling by major Weltner; that by the said account captain Hei- 
ser has paid for bounty, inlisting, subsistence, and blankets, eight 
hundred and sixty-four pounds eight shillings and seven pence : 
and that a balance appears to remain due in his favor of two 
hundred and thirty-four pounds eight shillings and seven pence: 
that the sum of eight hundred and sixty dollars appears to have 
been advanced to captain Henry Fister of said battalion, and by 
his account rendered to September the eighth, the further sum of 
fifty-two pounds ten shillings by colonel Strieker, and one hundred 
and thirty seven pounds ten shillings by major Weltner; that he 
has paid as bounty and inlisting money, and for the subsistence of 
his company, six hundred and thirty-nine pounds seven shillings 
and four pence, and a balance appears to remain in his favour 
of one hundred and twenty-seven j)Ounds seven shillings and 
four pence; that the sum of eight hundred and sixty dollars ap- 
pears to have been advanced to captain Philip Graybill of said 
battalion, with the additional advance of one hundred pounds by 
the council of safety, and the further sum of one hundred and twen- 
ty-two pounds twelve shillings and six pence by colonel Strieker, 
and thirty-seven pounds ten shillings by major Weltner, and that 
no account appears to have been rendered by him of the expendi- 
ture of the said money : that the sum of eight hundred and sixty 
dollars appears to have been advanced to captain William Kee- 
ports of said battalion by said council, and the further sums of 
two hundred and one pounds seventeen shillings and six peqce by 



290 PROCEEDINGS OF THE CONVENTION [1776, 

colonel Strieker, and thirty seven pounds ten shillings by major 
Weltner, and no account appears of the expenditure of those sums: 
that the sum of eight hundred and sixty dollars was advanced to 
captain Thomas Beall of (he rifle company for Frederick county, 
and by accounts rendered by himself and officers, the sum of two 
hundred and fifty-one pounds five shillings has been expended in 
raising the said company, and that a balance remained in the hands 
of said officers of seventy-one pounds five shillings, at the time of 
rendering the said accounts : that the sum of eight hundred and 
sixty dollars appears to have been advanced to captain Smith of 
the rifle company for Harford county, and no account appears of 
the expenditure of the same, but your cominittee are informed that 
one liundred and sixty dollars of the said sum has been returned to 
the council of safety. The committee beg leave to observe, that 
captains Heiser and Fister in their accounts rendered have char- 
ged ten shillings per man for inlisting, and the same sun) per man 
for subsistence of their companies per week : that the accounts 
rendered by some of the officers of said companies are so confused, 
and others giving in no account at all, puts it out of the power of 
the said committee to report so accurate a state of the expenditure 
of the several sums advanced as they could wish. All which is 
submitted to the consideration of the honourable house. 

"Signed by order, JOHN STULL, chairman," 

Ordered to lie on the table. 

The order of the day that the convention will resolve itself into 
a committee of the whole, to consider further of the declaration of 
rights, and form of government of this state, was read, and referred 
till to morrow. 

Convention adjourns till to-morrow morning at 9 o'clock. 

TUESDAY, October 29, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Lowes. The proceedings of yesterday were read. Mr. 
Ridgely and Mr. Fischer appeared in the house. 

On motion of Mr. Johnson, Resolved, That the council of safety 
be empowered to issue warrants to recruiting sergeants, for the in- 
listment of non-commissioned officers and privates in the continen- 
tal service, as a part of the eight battalions for this state, agreeable 
to the resolutions of this convention, and that any freeman enrolled 
for the flying camp service be permitted to inlist. 

On motion. Resolved, That a delagate be elected for Kent coun- 
ty in the room of Mr. Thomas Ringgold, deceased ; that the elec- 
tion be held on the 14th day of November next, at Chester town 



1776.] OF THE PROVINCE OF MARYLAND. 291 

in said county, by John Page, William Rogers, and William Bord- 
ly, Esqrs. or any two or one of them, and that the said election 
be held and made agreeable to the directions and resolves of the 
last convention. 

Agreeable to the order of the day, the convention resolved itself 
into a committee of the whole, to consider further of the declaration 
of rights, and form of government for this state; Mr. T. Wriglit in 
the chair. After some time spent therein Mr. President resumed 
the chair, and Mr. Wright reported, that the committee had, accor- 
ding to order, taken into their consideration the declaration of 
rights, and form of government for this state, and had conie to sev- 
eral resolutions thereon, but not having had time to come to a 
conclusion, had directed him to move for leave to sit again. 

Resolved, That this convention will on to-morrow resolve itself 
into a committee of the whole, to consider further of the same. 

Mr. Bowie and Mr. Hooe have leave of absence for a few days, 
on account of particular private business. 

This convention being informed, that in the constitution or form 
of government agreed to by the delegates of Virginia, a claim is 
made by them injurious to the inhabitants of this state. Ordered^ 
That the same be read, and the same was read as follows, to wit: 

"The territories contained within the charters erecting the colo- 
nies of Maryland, Pennsylvania, North and South Carolina, are 
hereby ceded, released, and forever confirmed to the people of 
those colonies respectively, with all the rights of property, jurisdic- 
tion and government, and all other rights whatsoever, which might 
at any time hereafter have been claimed by Virginia, except the 
free navigation and use of the rivers Potowmack and Pocomoke, 
with the property of the Virginia shores or strands, bordering on 
either of the said rivers, and all improvements .which have been 
or shall be made thereon. The western and northern extent of 
Virginia shall in all other respects stand as fixed by the charter of 
king James the first, in the year one thousand'six hundred and nine, 
and by the public treaty of peace between the courts of Great Bri- 
tain and France in the year one thousand seven hundred and sixty 
three; unless, by an act of legislature, one or more territories shall 
hereafter be laid off, and governments established westward of the 
Alleghany mountains. And no purchase of lands shall be made 
of the Indian natives, but on behalf of the public, by authority of 
the general assembly." 

Resolved, That this convention will on to-morrow resolve itself 
into a committee of the whole ; to take the same into consideration. 

Convention adjourns till to-morrow morning, 9 o'clock. 



292 PROCEEDINGS OF THE CONVENTION [1776. 

WEDNESDAY, October 30, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Bowie and Mr. Hooe. The proceedings of yesterday were 
read. Mr. J. Smith and Mr. Marbury appeared in the house. 

The council of safety having laid before the convention a letter 
from John Rogers, Esqr., inclosing a resignation of his commis- 
sion as judge of the court of admiralty, the convention proceeded 
to appoint another in his stead, and Benjamin Nicholson, Esqr. 
was appointed. 

On motion of Mr. J. Hall, Resolved, That the council of safety 
be empowered to write to their agents in the foreign West Indies, 
for such warlike stores or other necessaries as have been heretofore 
ordered by this convention, to the amount of twenty-five thousand 
pounds currency, to be paid for in paper money by draughts on the 
treasury here, instead of exporting country produce to that value, 
any former order to the contrary notwithstanding ; and that the said 
sum of money be deemed and taken as part of the sixty-five thou- 
sand pounds heretofore appropriated for the purchase of military 
stores and other articles necessary for the defence and protection 
of this state. 

Adourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. Mr. Carroll, Mr. Kent, Mr. Bishop, and Mr. 
3chriver, appeared in the house. 

The convention according to the order of the day, resolved itself 
into a committee of the whole, on that part of the constitution of 
Virginia which was referred to their consideration ; Mr. T. Wright 
in the chair. Afier some time spent therein, Mr, President resum- 
ed the chair, and Mr. Wright reported, that the committee had, ac- 
cording to order, taken the same into consideration, and had come 
to several resolutions thereon, which he read in his place and af- 
terwards delivered in at the table, where the same were again twice 
read, amended, and agreed to as follow : 

Resolved unanimously, That it is the opinion of this convention, 
that the state of Virginia hath not any right or title to any of the 
territory, bays, rivers, or waters, included in the charter granted by 
his majesty Charles the first to Caecilius Calvert, baron of Baltimore. 

Resolved unanimously, That it is the opinion of this convention, 
That the sole and exclusive jurisdiction over the territory, bays, 
rivers, and waters, included in the said charter, belongs to this state ; 
and that (he river Potowmack, and almost the whole of the river 
Pocomoke, being comprehended in the said charter, the sole and 



1776.] OF THE PROVINCE OF MARYLAND. 293 

exclusive jurisdiction over the said river Potowmack, and also over 
such part of the river Pocomoke as is comprehended in the said 
charter, belongs to this state ; and that the river Potowmack and 
that part of Chesapeake bay which lies between the capes and the 
south boundary of this stale, and so much thereof as is necessary 
to the navigation of the rivers Potowmack and Pocomoke, ought 
to be considered as a common high-way, free for the people of both 
states, without being subject to any duty, burthens or charge, as 
hath been heretofore accustomed. 

Resolved unanimously, That it is the opinion of this convention, 
that the very extensive claim of the state of Virginia to the back 
lands hath no foundation in justice, and that if the same or any 
like claim is admitted, the freedom of the smaller states and the 
liberties of America may be thereby greatly endangered ; this con- 
vention being firmly persuaded, that if the dominion over those 
lands should be established by the blood and treasure of the United 
States, such lands ought to be considered as a common stock, to 
be parcelled out at proper times into convenient, free and inde- 
pendent governments. 

Agreeable to the order of the day, the convention resolved itself 
into a committee of the whole, to consider further of the declara- 
tion of rights, and form of government for this state ; Mr. T. 
Wright in the chair. After some time spent therein Mr. President 
resumed the chair, and Mr. Wright reported, that the committee 
had, according to order, taken the same into consideration, and 
had come to several resolutions thereon, which they directed him 
to report, as the declaration of rights, but not having had time to 
go through the form of government, had directed him to move for 
leave to sit again. 

Resolved, That this convention will on to-morrow resolve itself 
into a committee of the whole, to consider further of the form of 
government of this state. 

On motion of Mr. Fitzhugh, That the question be put on the 
following: "As the bill of rights formerly printed for the consid- 
eration of the members of the convention, has been materially al- 
tered by a committee of the whole house, and it is of infinite im- 
portance to the inhabitants of this state, that the said bill of rights 
should be maturely considered before it is passed by the conven- 
tion, and that each member should have a copy before him, in or- 
der to judge of, and offer such amendments or alterations as he 
may think proper. Resolved, That the bill of rights as reported by 
a committee of the whole house be immediately printed for the 
consideration and use of the members of this convention, before 



294 PROCEEDINGS OF THE CONVENTION [1776. 

the same is taken into consideration." — An amendment was pro- 
posed to strike out all that part of the motion before the word "Re- 
solved," on which amendment the question was put, and resolved 
in the affirmative. 

AFFIRMATIVE. 

Mr. Fischer, Mr. Kent, 

Sheredine, Bruff, 

Edelen, S. Wright, 

Beall, Edmondson, 

Stull, Gibson, 

J. Smith, Murray, 

J. T. Chase, Potter, 

H. Wilson, Mason, 

Love, Dickinson, 

Gilpin, Johnson, 

Evving, Gus. Scotf, 

D, Smith, Geo. Scott, 

Brevard, Horsey, 

W. Ringgold, Chaille, 

Earle, Bishop, 

T. Wright, Mitchell. 



Mr. Barnes, 
Fenwick, 
Jordan, 
Dent, 
Parnham, 
Grahanie, 
B. Hall, 
Sprigg, 
Marbury, 
Hammond, 
J. Hall, 
Worthington, 
S. Chase, 
Paca, 
Carroll, 
J. Wilson, 
Bayly, 

NEGATIVE. 

Mr. Fitzhugh, Mr, Schriver, Mr. Shepherd, 

J. Mackall, Ridgely, Stevenson, 

Williams, Deye, Bond. 

The question was then put, That the bill of rights, as reported 
by a committee of the whole house, be immediately printed for the 
consideration and use of the members of this convention, before 
the same is taken into consideration ? Carried in the negative. 
AFFIRMATIVE. 



Mr. 



Mr. 



Parnham, 

Grahame, 

Fitzhugh, 

J. Mackall, 

Hammond, 

Bayly, 

Williams, 

Fischer, 

Barnes, 
Fenwick, 



Mr. Schriver, 
Ridgely, 
Deye, 
Stevenson, 
Shepherd, 
J. T. Chase, 
Bond, 
Love, 
NEGATIVE. 

Mr. Sheredine, 
J. Hall, 



Mr. Archer, 
Ewing, 
Brevard, 
Kent, 
Bruff, 
S. Wright, 
Johnson. 



Mr. Edmondson, 
Gibson, 



1776.] 



OF THE PROVINCE OF MARYLAND. 



295 



Mr, Jordan, 
Dent, 
B. Hall, 

Sprigg, 

Marbury, 

Worthington, 

S. Chase, 

Paca, 

Carroll, 

J. Wilson, 



Mr. Edelen, Mr. Murray, 

Beall, Potter, 

Stull, Mason, 

J. Smith, Dickinson, 

H. Wilson, Gust. Scott, 

Oilpin, Geo. Scottj 

D, Smith, Horsey, 

W. Ringgold, Chaille, 

Earle, Bishop, 

T. Wright, Mitchell, 

On motion of Mr. Parnham, Resolved, That all and every action, 
suit, process, and proceeding, which were depending in the Slarch 
and August courts of St. Mary's and Charles counties, and which 
have been discontinued by reason of the said courts not being held, 
shall be revived and continued to the next November courts to be 
held in the said counties, and shall stand and remain in the same 
stale and condition as they would have been, had the said courts 
been regtilarly held. 

On motion^ Resolved^ That three persons be appointed a com- 
Hiittee to prepare and report instructions for recruiting Serjeants, 
aud that Mr. Earle, Mr. Gust. Scott, and J. T. Chase, be a com- 
mittee for that purpose. 

Convention adjourns till to-morrow morning, 9 o'clock. 

THURSDAY, October 31, 1776, 

Convention met. All members present as on yesterday. The pro- 
ceedings of yesterday were read. 

On motion of Mr. Chaille, the following resolution was entered 
into: 

Whereas, it is represented to this convention, that the commit- 
tee of observation for Worcester county hath declined to act, where- 
by merchants who have vessels to clear out of Sinnepuxen inlet or 
Pocomoke river are put to great trouble and inconvenience, it is 
therefore Resolved, That Messrs. Robert Done, John Shelby, Jo- 
shua Mitchell, and John Dennis, or any two or more of them, of 
Worcester county, may clear out any vessel, in like manner and 
on the same conditions and terms as the committee of observation 
for Worcester county aforesaid might or could have done bj virtue 
of any resolution of convention. 

On motion of Mr. S. Chase, Resolved, That the council of safe- 
ty be empowered to employ some fit and trusty person or persons, 
to purchase and salt up, at the expense of this state^ a quantity of 
poik not exceeding two thousand five hundred barrels, and a quan- 
38 



y 



296 PROCEEDINGS OF THE CONVENTION [IfTtf. 

tity not exceeding five hundred casks of beef, and to draw on either 
of the treasurers of this state for the necessary sums to defray the 
expense thereof. 

The convention took into consideration the report of the decla- 
ration of ri<xhls from the committee of the whole, which follows iir 
these words, to wit : 

''THE DECLARATION OF RIGHTS. 

"The parliament of Great Britain, by a declaratory act, having 
assumed a right to make laws to bind the colonies in all cases 
whatsoever, and in pursuance of such claim endeavored by force 
of arms to subjugate the united colonies to an unconditional sub- 
mission to their will and power, and having at length constrained 
them to declare themselves independent States, and to assume go- 
vernment under the authority of the people, Therefore we, the 
delegates of Maryland, in free and full convention assembled, tak- 
ing into our most serious consideration the best means of estab- 
lishing a good constitution in this state, for the surer foundation, 
and more permanent security thereof; Declare, 

" 1. That government of right originates from the people, is 
founded in compact only, and instituted solely for the good of the 
whole. 

"2. That the people of this state ought to have the sole and 
exclusive right of regulating the internal government and police 
thereof. 

" 3. That the inhabitants of Maryland are entitled to the com- 
mon law of England, and the trial by jury, according to the course 
of that law, and to the benefit of such of the English statutes as exist- 
ed at the time of their first emigration, and which by experience have 
been found applicable to iheir local and other circumstances, and of 
such others as have been since made in England or Great Britain, and 
have been introduced, used, and practised by the courts of law or 
equity ; and also to all acts of assembly in force on the first of 
June seventeen hundred and seventy-four, except such as may have 
since expired, or have been, or may be altered by acts of convention, 
or this declaration of rights; subject nevertheless to the revision of 
and amendment or repeal by the legislature of this state; and the in- 
habitants of Maryland are also entitled to all property derived to 
them from or under the charter granted by his majesty Charles the 
first, to Caecilius Calvert, baron of Baltimore. 

" 4. That all persons entrusted with the legislative or executive 
powers of government, are the trustees and servants of the public, 
and as such accountable for their conduct, wherefore whenever the 
ends of government are perverted, and public liberty manifestly en- 



1776.3 OF THE PROVINCE OF MARYLAND. 397 

dangered, and all other means of redress are ineffectual, the peo- 
ple may, and of right ought, to reform the old, or establish a new 
government; the doctrine of non-resistance against arbitrary pow- 
er and oppression, is absurd, slavish, and destructive of the good 
and happiness of mankind. 

" 5. That the right in the people to participate in the legislature 
is the best security of liberty, and the foundation of all free govern- 
ment ; for this purpose elections ought to be free and frequent, and 
every man having property in, a common interest with, and an at- 
tachment to, the community, ought to have a right of suffrage. 

" 6. That the legislative, executive and judicial powers of go- 
vernment, ought to be forever separate and distinct from each 
other. 

" 7. That no power of suspending laws, or the execution of laws, 
unless derived from the legislature, ought to be exeicised or al- 
lowed. 

"8. That freedom of speech, and debates, or proceedings, in the 
legislature, ought not to be impeached in any other court or judi- 
cature. 

"9. That a place for the meeting of the legislature ought to be 
fixed, the most convenient to the members thereof, and to the de- 
pository of the public records, and the legislature ought not to be 
convened or held at any other place but from evident necessity, 

" 10. That for the redress of grievances, and for amending, 
strengthening and preserving the laws, the legislature ought to be 
frequently convened. 

" 11. That every man hath a right to petition the legislature for 
the redress of grievances, in a peaceable and orderly manner. 

" 1"2. That no aid, charge, tax, burthen, fee, or fees, ought to be 
set, rated, or levied, under any pretence, without the consent of 
the legislature. 

" 13. That the levying taxes by the poll is grievous and oppres- 
sive, and ought to be abolished ; that paupers whose estates do not 
€xceed thirty pounds currency value ought not to be assessed for 
the support of government, but every other person in the state 
ought to contribute his proportion of public taxes for she support 
of government according to his actual worth in real or personal 
property within this state ; yet fines, duties or taxes may properly 
and justly be imposed or laid with a political view for the good go- 
vernment and benefit of the community. 

" 14. That sanguinary laws ought to be avoided, as far as is con- 
sistent with the safety of the state ; and no law to inflict cruel and 



298 PROCEEDINGS OF THE CONVENTION" [ITTf^. 

unusual pains and penalties ought to be made, in any case, or at 
any time hereafter. 

" 15. That retrospective laws, punishing facts committed before 
the existence of such laws, and by them only declared criminal, 
are oppressive, unjust, and incompatible with liberty ; wherefore no 
ex post facto law ought to be made. 

" 16. That no law to attaint particular persons of treason or fe- 
lony, ought to be made in any case, or at any time hereafter. 

" 17. That every freeman for every injury done to him in his 
goods, lands, or person, ought to have remedy by the coKrse of the 
law of the land, and ought to have justice and right, freely withoul 
sale, fully without any denial, and speedily without delay, accord- 
ing to the law of the land. 

" IS. That the trial of facts where they arise, is one of the great- 
est securities of the lives, liberties, and estate of the people. 

*' 19. That in all criminal prosecutions, every man hath a right 
to be informed of the accusation against him, to have a copy of the 
indictment or charge in due time (if required) to prepare for his 
defence, to be allowed council, to be confronted with the witnesses- 
against him, to have process for his witnesses, to examine the wit- 
nesses for and against him on oath, and to a speedy trial by an im- 
partial jury, without whose unanimous consent he ought not to be 
found guilty. 

"20. That no man ought to be compelled to give evidence 
against himself in a court of common law, or in any other court, 
but in such cases only as have been usually practised in this state. 

"21. That no freeman ought to be taken, or imprisoned, or dis- 
seized of his freehold, liberties or privileges, or outlawed, or exiled, 
or in any manner destroyed, or deprived of his life, liberty or pro- 
perty, but by the lawful judgment of his peers, or by the law of the 
land. 

"22. That excessive bail ought not to be required, nor exces- 
sive fines imposed, nor cruel or unusual punishments inflicted by 
the courts of law- 

"23. That all warrants without oath, or affirmation of a person 
conscientiously scrupulous of taking an oath, to search suspected 
places, or to seize any person, or his property, are grievous and 
oppressive ; and all general warrants to search suspected places, 
or to apprehend all persons suspected, without naming or describ- 
ing the place, or any person in special, are illegal, and ought not 
to be granted. 

"24. That there ought to be no forfeiture of any part of the es- 



1776,] OF THE PROVINCE OF MARYLAND. 290 

tate of any person for any crime except murder or treason against 
the state, and then only on conviction and attainder. 

"•26. That a well regulated militia is the proper and natural de- 
fence of a free government. 

" 26. That standing armies are dangerous to liberty, and ouaht 
not to be raised or kept up without consent of the legislature. 

" 27. That in all cases and at all times the military ought to be 
under strict subordination to, and controul of, the civil power. 

" 28. That no soldier ought to be quartered in any house in time 
of peace without the consent of the owner, and in time of war in 
such manner only as the legislature shall direct. 

"29. That no person except regular soldiers, mariners and ma- 
rines in the service of this state, or militia when in actual service, 
ought in any case to be subject to, or punishable by, martial law. 

" 30. That the independency and uprightness of judges are es- 
sential to the impartial administration of justice, and a great secu- 
rity to the rights and liberties of the people ; wherefore the chan- 
cellor and all judges and justices ought to hold commissions dur- 
ing good behaviour, removable only for misbehaviour, on convic- 
tion in a court of law, or by a vote of the legislature. That sala- 
ries liberal, but not profuse, ought to be secured to the chancellor 
and the judges, during the continuance of their commissions, and 
reasonable salaries, or fees, allowed to the officers : no chancellor 
or judge ought to hold any other office, civil or military, or receive 
fees or perquisites of any kind. 

" 31. That a long continuance in the first executive departments 
of power or trust, is dangerous to liberty, a rotation therefore iu 
those departments is one of the best securities of permanent free- 
dom. 

"32. That no person holding a place of profit, or receiving any 
part of the profits thereof, or receiving the profits or any part of the 
profits arising on any agency for the supi)!y of clothing or provi- 
sions for the army or navy, or holding any office under the United 
States or any of them, or a minister or preacher of the gospel of 
any denomination, or any person emp'oyed in the regular land ser- 
vice, or marine, of this or the United States, ought to have a seat 
in the legislature or the council of this state. 

"33. That no person ought to hold at the same time more than 
one office of profit, nor ought any person in public trust to receive 
any present from any foreign prince, or state, or from the United 
States, or any of them, without the approbation of this state. 

" 34. That as it is the duty of every man to worship God in such 
manner as he thinks most acceptable to him, all persons professing the 



300 PROCEEDINGS OF THE CONVENTION [1776. 

christian religion are equally entitled to protection in their religious 
liberty, wherefore no person ought by any law to be molested in his 
person or estate on account of his religious persuasion or profes- 
sion, or for his religious practice, unless undercolor of religion any 
man shall disturb the good order, peace, or safety of the state, or 
shall infringe the laws of morality, or injure others in their natural, 
civil, or religious rights; nor ought any j)erson to be compelled to 
frequent or maintain, or contribute, unle^s on contract, to maintain 
any place of worship, or ministry; but the churches, chapels, glebes, 
and all other property now belonging to the church of England, 
ought to remain to the church of England for ever. And all acts 
of assembly lately passed for collecting monies for building or re- 
pairing particular churches or chapels of ease, siiall continue in 
force and be executed, unless the legislatine shall by act supercede 
or repeal the same ; but no county court shall assess any quantity 
of tobacco or sum of money hereafter, on the application of any 
vestryman or church wardens; and every incumbent of the church 
of England who hath remained in his parish and performed his duty 
shall be entitled to receive the provision and sujjport established 
by the act entiled, "An act for the support of the clergy of the 
church of England in this province," till the next November court 
to be held for the county in which his parish shall lie, or partly lie, 
or for such time as he hath remained in his parish and performed 
his duty. 

"35. That every gift, sale, or devise of lands to any minister, 
public teacher or preacher of the gospel, as such, or any religious 
sect, order or denomination, or to or for the support, use or benefit 
of, or in trust for, any minister, public teacher or preacher of the 
gospel, as such, or any religious sect, order or denomination ; and 
every gift or sale of goods or chattels, to go in succession, or to 
take place after the death of the seller or doner, to or for such sup- 
port, use or benefit; and also every devise of goods or chattels to, 
or to or for the support, use, or benefit of, any minister, public 
teacher, or preacher of the gospel, as such, or any religious sect, 
order or denomination, without the leave of the legislature, shall be 
void ; except always any sale, gift, lease or devise of any quantity 
of land not exceeding two acres, for a church, meeting, or other 
house of worship, and for a burying ground, which shall be im- 
proved, enjoyed, or used only for such purpose, or such sale, gift, 
lease, or devise shall be void. 

"36. That no other test or qualification ought to be required on 
admission to any office of trust or profit, than such oath of support 
and fidelity to this state, and such oath of office as shall be direct- 



1776.] 



OF THE PROVINCE OF MARYLAND. 



301 



ed by this convention or the legislature of this state, and a decla- 
ration of a belief in the christian religion. 

"37. That city of Annapolis ought to have all its rights, privi- 
leges and benefits, agreeable to its charter and the acts of assembly 
confirming and regulating the same; subject nevertheless to such 
alterations as may be made by this convention or any future legis- 
lature. 

"38. That the liberty of the press ought to be inviolably pre- 
served. 

"39. That monopolies are odious, contrary to the spirit of a free 
government, and tlie ])riiiciples of commerce, and ought not to be 
suffered. 

"40. That no title of nobility or hereditary honors ought to be 
granted in this state. 

"41. That the subsisting resolves of this and the several conven- 
tions held in this colony ought to be in force as laws, unless alter- 
ed by this convention or the legislatuie of this state. 

"42. That this declaration of rights, or the form of government 
to be established by this convention, or any part of either of them, 
ought not to be altered, changed or abolished, by the legislature of 
this state, but in such manner as this convention shall prescribe 
and direct." 

In progression on reading the declaration of rights, the question 
was put. That the third article thereof be concurred with.^ Resolv- 
ed in the affirmative. 

AFFIRMATIVE. 



Mr. Barnes, 
Fenwick, 
Jordan, 
Dent, 
Parnham, 
B. Hall, 
Sprigg, 
Marbury, 
Hammond, 
J.Hall, 
Worthington, 
S. Chase, 
Paca, 
Carroll, 
J. Wilson, 

Mr. Fitzhugh, 
J. Mackall, 



Mr. Bayly, 

Sheredine, 

Edelen, 

Beall, 

Stull, 

J. Smith, 

J. T. Chase, 

Gibson, 

D. Smith, 

Brevard, 

Ringgold, 

Earle, 

T. Wright, 

Kent, 

NEGATIVE. 

Mr. Ridgely, 
Deye, 



Mr. Bruff, 

S. Wright, 

Edmondson, 

Gibson, 

Murray, 

Potter, 

Mason, 

Dickinson, 

Johnson, 

Gust. Scott, 

Geo. Scott, 

Horsey, 

Chaille, 

Mitchell, 



Mr. H. Wilson. 
Love, 



dos 



PROCEEDINGS OF THE CONVENTION 



[1776. 



Mr. Williams, Mr. Stevenson, Mr. Archer, 

Fischer, Shepherd, Ewing. 

Schriver, Bond, 

In progression on reading the declaration of rights, on motion of 
Mr. S. Chase, the question was put, that instead of the 6th article 
the following be substituted, "That the legislative, executive, and 
judicial powers of government, or any two of them, ought not to 
be vested in the same man or body of men ?" Carried in the nega-^ 
tive. The question was then put, that the sixth article be concur^ 
fed with ? Resolved in the affirmative. 

AFFIRMATIVE. 
Mr. Sheredine, 
Schriver, 
Beall, 
Ridgely, 
Deye, 
Stevenson, 
Shepherd, 
J. Smith, 
J. T. Chase, 
Bond, 

NEGATIVE. 

Mr. Paca, 
Carroll, 
Edelen, 
Stull, 
Gilpin, 
D. Smith, 
T. Wright, 
Bruff, 
S. Wright, 
Murray, 

In progression on reading the declaration of rights, on motion 
of Mr. Fitzhugh, the question was put. That the latter part of the 
thirteenth article, which follows in these words, "yet fines, duties, 
or taxes, may properly and justly be imposed or laid with a political 
view, for the good government and benefit of the community," be 
struck out? Carried in the negative. 

AFFIRMATIVE. 
Mr. Fitzhugh, Mr. Shriver, Mr. Shepherd, 

J. Mackall, Ridgely, Bond, 

Bayly, Deye, Love- 

Williams, Stevenson, 



Mr. Parnham, 
Graham, 
Fitzhugh, 
J. Mackall, 
Hammond, 
Worthington, 
J. Wilson, 
Bayly, 
Williams, 
Fisher, 

Mr. Barnes, 
Fenwick, 
Plater, 
Jordan, 
Dent, 
B. Hall, 
Sprigg, 
Marbury, 
J. Hall, 
S. Chase, 



Mr, H. Wilson, 

Love, 

Archer, 

Ewing, 

Brevard, 

Ringgold, 

Earle, 

Kent, 

Edmondson, 

Gibson. 

Mr. Potter, 
Mason, 
Dickinson, 
Johnson, 
Gus. Scott, 
Geo. Scott, 
Horsey, 
Chaille, 
Mitchell. 



1776.] 



OF THE PROVINCE OF MARYLAM). 



303 



Mr. 



Mr. Barnes, 
Fenwick, 
Plater, 
Jordan, 
Dent, 
Parnham, 
Grail ame, 
B. Hall, 

Marbury, 
Hammond, 
J. Hall, 
Worthington, 
S. Chase, 
Paca, 
Carroll, 
Adjourned till 3 o'clock. 



NEGATIVE. 

J. Wilson, 

Fischer, 

Sheredine, 

Edeien, 

Beall, 

StuU, 

J. Smith, 

J. T. Chase, 

H. Wilson, 

Archer, 

Gilpin, 

Ewing, 

D. Smith, 

Brevard, 

Ringgold, 

Earle, 



Mr. T. Wright, 
Kent, 
Bruff, 
S. Wright, 
Edmondson, 
Gibson, 
Murray, 
Potter, 
Mason, 
Dickinson, 
Johnson, 
Gust. Scott, 
Geo. Scott, 
Horsey, 
Chaille, 
Mitchell. . 



POST MERIDIEM. 



Convention met. Mr. Murray has leave of absence on account 
of the sickness of his family. 

In progression on reading the declaration of rights, on motion 
of Mr. Earle, the question was put. That in the nineteenth article 
the words "or affirmation" be inserted afte the word "oath?" Car- 
ried in the negative. 

AFFIRMATIVE. 



Mr. 


Fitzhugh, 


Mr. Ridgely, 


Mr. 


, Love, 




J. Mackall, 


Deye, 




Archer, 




Hammond, 


Stevenson, 




Gilpin, 




J. Wilson, 


Shepherd, 




Ewing, 




Bayly, 


J. Smith, 




Brevard, 




Williams, 


Bond, 




Earle, 




Fischer, 


H. Wilson, 




Edmondson. 




Schriver, 


NEGATIVE. 






Mr. 


Barnes, 


Mr. S. Chase, 


Mr. 


S. Wright, 




Fenwick, 


Paca, 




Potter, 




Plater, 


Carroll, 




Mason, 




Jordan, 


Sheredine, 




Bruff, 




Dent, 


Edeien, 




Dickinson, 




Parnham, 


Beall, 




Johnson, 




38 









304 PROCEEDINGS OF THE CONVENTION [1776. 

Mr. Grahame, Mr. Stull, Mr. Gust. Scott, 

B. Hall, J. T. Chase, Geo. Scott, 

Sprigg, D. Smith, Horsey, 

Marbury, Ringgold, Chaille, 

J. Hall, T. Wright, Mitchell. 

Worthington, Kent, 

The order of the day, that the convention will resolve itself into 
a committee of the whole, to consider further of the form of go- 
vernment for this state, being read, the same was referred till to- 
morrow. 

Convention adjourns till to-morrow morning, 9 o'clock. 

FRIDAY, November 1, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Murray. The proceedings of yesterday were read. Mr. Shere- 
dine has leave of absence for a few days. Mr. Bowie appeared in 
the house. 

The convention being informed, that Mr. Robert Peter and Mr. 
Thomas Richardson were attending, in consequence of an order 
of the twenty-fourth of October last, Resohed, That a commit- 
tee be appointed to take the deposition of John House, relating to 
the facts contained in their letter of the 16th of October to Mr. 
Johnson, and by him communicated to this house ; and that Mr. 
Gust. Scott, Mr. J. T. Chase, and Mr. Wright be appointed a com- 
mittee for that purpose. 

The convention resumed the consideration of the declaration of 
rights, and on motion of Mr. Paca, that in the thirteenth article, 
the words, "removable only for misbehaviour on conviction in a 
court of law, or by a vote of the legislature," be struck out, and 
the following inserted, "and the said chancellor and judges shall 
be removed for misbehaviour, on conviction in a court of law, and 
may be removed by the governor upon the address of the general 
assembly," an amendment was proposed by Mr. Ewing, that the 
word "shall" be inserted instead of the word "may;" on which 
amendment the question was put, and carried in the negative. 

AFFIRMATIVE. 
Mr. Fitzhugh, Mr. Schriver, Mr. Love, 

J. Mackall, Ridgely, Archer, 

Bowie, Deye, Ewing, 

Hammond, Stevenson, Brevard, 

Worthington, Shepherd, Kent, 

J. Wilson, Bond, Edmondson, 

Williams, H. Wilson, Gibson. 

Fischer, 



1776.] 



OF THE PROVINCE OF MARYLAND. 



305 



Mr. Earle, 

T. Wright, 

S. Wright, 

Potter, 

Mason, 

Dickinson, 

Johnson, 

Gust. Scott, 

Geo. Scott, 

Horsey, 

Chaille, 

Mitchell. 



NEGATIVE. 

Mr. Barnes, Mr. Paca, 

Fenwick, Carroll, 

Plater, Bayly, 

Jordan, Sheredine, 

Dent, Edelen, 

Parnham, Beall, 

Grahame, Stull, 

B. Hall, J. Smith, 

Sprigg, J. T. Chase, 

Marbury, Gilpin, 

J. Hall, D. Smith, 

S. Chase, Ringgold, 

An amendment was then offered as an addition to the first words 
proposed to be inserted, as follows: "Provided that two-thirds of 
all the members of each house concur in such address;" upon 
which the question was put, and carried in the affirmative. 

AFFIRMATIVE. 

Mr. Carroll, 
Sheredine, 
Edelen, 
Beall, 
Stull, 
J. Smith, 
J. T. Chase, 
Ringgold, 
Earle, 
T. Wright, 



Mr. Barnes, 
Fenwick, 
Plater, 
Jordan, 
Dent, 
Grahame, 
B. Hall, 
Sprigg, 
Marbury, 
S. Chase, 
Paca, 



Kent, 

Gibson, 

Potter, 

Mason, 

Dickinson, 

Johnson, 

Gust. Scott, 

Geo. Scott, 

Chaille, 

Mitchell. 



NEGATIVE. 

Mr. Williams, Mr. Archer, 

Fischer, Gilpin, 

Ridgely, Ewing, 

Deye, D. Smith, 

Stevenson, Brevard, 

Shepherd, S. Wright, 

Bond, Edmondson, 

H. Wilson, Horsey, 

Love, Schriver. 
The question was then put on the proposition to amend, and re- 
solved in the affirmative. 

In the same article, on motion of Mr. Fitzhugh, the question was 



Mr. Parnham, 

Fitzhugh, 
J. Mackall, 
Bowie, 
Hammond, 
J. Hall, 
Worthington, 
J. Wilson, 
Bayly, 



306 



PROCEEDINGS OF THE CONVENTION 



[1776. 



put, That the words "that salaries liberal, not profuse, ought to be 
secured to the chancellor, and the judges during the continuance 
of their commissions" be struck out, and the words, "That a libe- 
ral salary ought to be secured to the chancellor during his contin- 
uance in office, and that the judges be paid per diem for their ser- 
vices during their term of sitting," be inserted? Carried in the 
negative. 

AFFIRMATIVE. 
Mr. Williams, Mr. Shepherd, 

Schriver, Bond, 

Ridgely, Ewing. 

Deye, 

NEGATIVE. 

Mr. Carroll, 

J. Wilson, 

Bayly, 

Sheredine, 

Edelen, 

Beall, 

J. Smith, 

J. T. Chase, 

Archer, 

Gilpin, 

D. Smith, 

Brevard, 

Ringgold, 

Earle, 
J. Hall, Resolved, That the words "in such 
manner and at such time as the legislature shall hereafter direct, 
upon consideration of the circumstances of this state," be inserted 
in the 3()th article, after the words "their commissions," and that 
the words "and reasonable salaries or fees allowed to the officers," 
be struck out. 

The order of the day, That this convention will resolve itself 
into a comittee of the whole, to consider further of the form of 
government for this state, being read, the same was referred till to- 
morrow. 

Convention adjourns till to-morrow morning, 9 o'clock. 

SATURDAY November % 1776. 

Convention met. All members present as on yesterday, except 
Mr. Sheredine. The proceedings of yesterday were read. Mr. T. 
Smyth appeared in the house. Mr. Ringgold and Mr. H. Wilson 



Mr. Fitzhugh, 
J. Mackall, 
Bowie, 
Hammond, 

Mr. Barnes, 
Fen wick. 
Plater, 
Jordan, 
Dent, 
Parnham, 
Grahame, 
B. Hall, 
Sprigg, 
Marbury, 
J. Hall, 
Worthington, 
S. Chase, 
Paca, 
On motion of Mr. 



Mr. T. Wright, 
Kent, 
Bruff, 
S. Wright, 
Edmondson, 
Gibson, 
Potter, 
Mason, 
Dickinson, 
Johnson, 
Gust. Scott, 
Geo. Scott, 
ChaiUe, 
Mitchell. 



1776.] 



OF THE PROVINCE OF MARYLAND, 



307 



have leave of absence for a few days on account of particular bu- 
ness. Mr. Shepherd and Mr. Ewing have leave of absence on 
account of sickness. 

In progression on reading the declaration of rights, on motion 
of Mr. Gust. Scott, the question was put, That after the words, "on 
contract to maintain," in the thirty-fourth article, the following be 
inserted, "any particular place of worship, or any particular ministry; 
yet the legislature may, in their discretion, lay a general and equal 
tax for the support of the christian religion, leaving to each individual 
the power of appointing the payment over of the money collected 
from him, to the support of any particular place of worship or min- 
ister, or for the benefit of the poor of his own denomination, or the 
poor in general of any particular county;" and that the words "any 
place of worship or ministry" be struck out? Resolved in the affir- 
mative. 

AFFIRMATIVE. 
Mr. Barnes, Mr. J. Hall, Mr. S. Wright, 

Fenwick, Worthington, Edmondson, 

Plater, S. Chase, Gibson, 

Jordan, Paca, Potter, 

Dent, Carroll, Mason, 

Parnhara, J. Wilson, Dickinson, 

Grahame, Bayly, Johnson, 

Fitzhugh, Edelen, Gust. Scott, 

J. Mackall, J. T. Chase, Geo. Scott, 

Bowie, Earle, Horsey, 

B. Hall, T. Smyth, Chaille, 

Sprigg, T. Wright, Bishop, 

Marbury, Kent, Mitchell. 

Hammond, BrufT, 

NEGATIVE. 

Mr. Williams, Mr. Deye, Mr. Love, 

Fischer, Stevenson, Archer, 

Schriver, Shepherd, Gilpin, 

Beall, J. Smith, Ewing, 

Stull, Bond, D. Smith, 

Ridgely, H. Wilson, Brevard. 

On motion of Mr. Williams, the question was put. That the fol- 
lowing be an article in the declaration of rights: "That the prac- 
titioners of the. law being suffered to take, receive, or demand ex- 
orbitant fees for their services, or any other than are provided by an 
act of assembly, or may hereafter be provided by an act of the le- 



308 



PROCEEDINGS OF THE CONVENTION 



[1776. 



gislature of this state, is injurious and oppressive to the good peo- 
ple thereof, and ought to be prevented ? Carried in the negative. 

AFFIRMATIVE. 



Mr. Fitzhugh, 
J. Mackall, 



Mr 



Mr. Fischer, 
Ridgely, 



NEGATIVE. 



Mr. 



Deye, 
Stevenson, 



Barnes, Mr. Carroll, Mr. Kent, 

Fenwick, J. Wilson, BrufT, 

Plater, Edelen, S. Wright, 

Jordan, Beall, Edmondson, 

Dent, Stull, Gibson, 

Parnham, J. Smith, Potter, 

Grahame, J. T. Chase, Mason, 

Bowie, Archer, Dickinson, 

B. Hall, Gilpin, Johnson, 

Sprigg, Ewing, Gust. Scott, 

Marbury, D. Smith, Geo. Scott, 

Hammond, Brevard, Horsey, 

J. Hall, Earle, Chaille, 

Worthington, T. Smyth, Bishop, 

S. Chase, T. Wright, Mitchell. 
Paca, 

Mr. Jordan has leave of absence on account of the sickness of 
his family. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

In progression on reading the declaration of rights, on motion 
of Mr. Earle, That the following be inserted as an article therein ? 
" That all persons who from religious scruples esteem it unlawful 
to take an oath on any occasion, may be allowed to make their 
solemn appeal or affirmation in all civil and criminal cases, in 
such manner as their religious principles have induced them to 
point out for the attestation of the truth." The previous question 
was called for and put, Whether the above question be now put? 
Carried in the negative. 

It was then moved by Mr. Johnson, that the following be insert- 
ed as an article in the declaration of rights ; " That the manner of 
administering an oath to any person, ought to be such as those of 
the religious persuasion, profession or denomination of which such 
person is one, generally esteem the most effectual confirmation by 



1776.] 



OF THE PROVINCE OF MARYLAND. 



309 



the attestation of the divine Being, and that the people called qua- 
kers, those called dunkers, and those called menonists, holding it 
unlawful to take an oath on any occasion, ought to be allowed to 
make their solemn affirmation, in the manner that quakers have 
been heretofore allowed to affirm, and to be of the same avail as 
an oath, in all such cases as the affirmation of quakers hath been 
allowed and accepted within this state, instead of an oath ; and 
further, on such affirmation, warrants to search for stolen goods, or 
the apprehension or commitment of offenders, ought to be grant- 
ed, or security for the peace awarded, and quakers, dunkers, or me- 
nonists, ought also on their solemn affirmation as aforesaid, to be 
admitted as witnesses in all criminal cases not capital." To which 
an amendment was proposed by Mr. S. Chase, to strike out the lat- 
ter part of the proposed article, which follows in these words, "and 
quakers, dunkers, or menonists, ought also on their solemn affirma- 
tion as aforesaid, to be admitted as witnesses in all criminal cases 
not capital." On which amendment the question was put, and 
carried in the negative. 

AFFIRMATIVE. 



Mr. Barnes, 
Fenwick, 
Dent, 
Parnham, 
Grahame, 
Bowie, 



M 



Mr. Sprigg, 
Marbury, 
S. Chase, 
T. Wright, 
Dickinson, 
Gust, Scott, 

NEGATIVE. 

Mr. Schriver, 
Beall, 
Stull, 
Ridgely, 
Deye, 
Stevenson, 
J. Smith, 
J. T. Chase, 
Love, 
Archer, 
Gilphin, 
Ewing, 



Mr. Geo. Scott, 
Horsey, 
Chaille, 
Bishop, 
Mitchell. 



Plater, 

Fitzhugh, 

I. Mackall, 

Hammond, 

J. Hall, 

Worthington, 

Paca, 

Carroll, 

J. Wilson, 

Bayly, 

Williams, 

Fischer, 

Edelen, 
The question was then put on the whole article, and resolved in 
the affirmative. 

The order of the day that the convention will resolve itself into 



Mr. D. Smith, 
Brevard, 
Earle, 
T. Smyth, 
Kent, 
Bruff, 
S. Wright, 
Edmondson, 
Gibson, 
Potter, 
Mason, 
Johnson. 



310 



PROCEEDINGS OF THE CONVENTION 



[1776. 

a committee of the whole, to consider further of the form of go- 
vernment for this state, being read, the same was referred till to- 
morrow. 

Convention adjourns till to-morrow morning, 9 o'clock. 

SUNDAY, November 3, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Ringgold, Mr. H. Wilson, Mr. Shepherd, Mr. Jordan, Mr. 
Potter, Mr. J. Mackall, Mr. B. Hall, Mr. Sprigg, Mr. Hammond, 
and Mr. J. Wilson. The proceedings of jesterday were read. 

On motion of Mr. T. Wright, That the following be inserted as 
an article in the declaration of rights ; "That if the eastern or 
western shore shall hereafter judge it for their interest and happi- 
ness to separate from the other, their right so to do is hereby ac- 
knowledged." An amendment was proposed by Mr. Ewing to be 
inserted after the words "that if," in the words following, " a ma- 
jority of qualified voters in elections in every county on." Upon 
which amendment the question was put, and resolved in the affir- 
mative. The question on the article so amended was then moved 
for, and the previous question called for and put, Whether the said 
question be now put .? Carried in the negative. 
AFFIRMATIVE. 

Mr. Archer, Mr. S. Wright, Mr. Geo. Scott, 
Earle, Edmondson, Horsey, 

T. Smyth, Gibson, Chaille, 

T. Wright, Mason, Bishop, 

Kent, Dickinson, Mitchell. 

BrufF, Gust. Scott, 

NEGATIVE. 

Mr. Paca, Mr. Deye, 

Carroll, Stevenson, 

Bayly, J. Smith, 

Williams, Bond, 

Fischer, Love, 

Edelen, Gilpin, 

Schriver, Ewing, 

Beall, D. Smith, 

Stull Brevard, 

Ridgely, Johnson. 
The convention having gone through the declaration of rights, 

paragraph by paragraph, the same was amended, and agreed to aa 

follows : 



Mr. Fenwick, 
Plater, 
Dent, 
Parnham, 
Grahame, 
Fitzhugh, 
Bowie, 
Marbury, 
J. Hall, 
Worthington, 



1776.] OF THE PROVINCE OF MARYLAND. 311 

"THE DECLARATION OF RIGHTS. 

"The parliament of Great Britain, by a declaratory act, having 
assumed a right to make laws to bind the colonies in all cases 
whatsoever, and in pursuance of such claim endeavored by force 
of arms to subjugate the united colonies to an unconditional sub- 
mission to their will and power, and having at length constrained 
them to declare themselves independent states, and to assume go- 
vernment under the authority of the people, Therefore we, the 
delegates of Maryland, in free and full convention assembled, tak- 
ing into our most serious consideration the best means of estab- 
lishing a good constitution in this state, for the surer foundation, 
and more permanent security thereof; Declare, 

"1. That government of right originates from the people, is found- 
ed in compact only, and instituted solely for the good of the whole. 

" 2. That the people of this state ought to have the sole and ex- 
clusive right of regulating the internal government and police thereof. 

" 3. That the inhabitants of Maryland are entitled to 'the com- 
mon law of England, and the trial by jury, according to the course 
of that law, and to the benefit of such of the English statutes asexist- 
ed at the time of their first emigration, and which by experience have 
been found applicable to their local and other circumstances, and of 
such others as have been since made in England or Great Britain, and 
have been introduced, used, and practised by the courts of law or 
equity ; and also to all acts of assembly in force on the first of 
June, seventeen hundred and seventy-four, except such as may have 
since expired, or have been, or may be altered by acts of convention, 
or this declaratiop of rights; subject nevertheless to the revision of 
and amendment or repeal by the legislature of this state ; and the in- 
habitants of Maryland are also entitled to all property derived to 
them from or under the charter granted by his majesty Charles the 
first, to Cascilius Calveit, baron of Baltimore. 

"4. That all persons invested with the legislative or executive 
powers of government, are the trustees of the public, and as 
such accountable for their conduct, wherefore whenever the ends 
of government are perverted, and public liberty manifestly en- 
dangered, and all othei- mean? of redress are ineffectual, the peo- 
ple may, and of right ought, to reform the old, or establish a new 
government; the doctrine of non-resistance against arbitrary pow- 
er and oppression, is absurd, slavish, and destructive of the good 
and happiness of mankind. 

"5. That the right in the people to participate in the legislature 
is the best security of liberty, and the foundation of all free govern- 
ment ; for this purpose elections ought to be free and frequent, and 
40 



312 PROCEEDINGS OF THE CONVENTION [1776. 

every man having property in, a common interest with, and an at- 
tachment to, the community, ought to have a right of suffrage. 

"(y. That the legislative, executive and judicial powers of govern- 
ment, ought to be forever separate and distinct from each other. 

" 7. Tiiat no power of suspending laws, or the execution of laws, 
unless by or derived fiom the legislature, ought to be exercised or 
allowed. 

''8. That freedom of speech, and debates, or proceedings, in the le- 
gislature, ought not to be impeached in any other court or judicature. 
"9. That a place for the meeting of the legislature ought to be 
fixed, the most convenient to the members thereof, and to the de- 
pository of the public records, and the legislature ought not to be 
convened or held at any other place but from evident necessity. 

" 10. That for the redress of grievances, and for amending, 
strengthening and preserving the laws, the legislature ought to be 
frequently convened. 

" 11. That every man hath a right to petition the legislature for 
the redress of grievances, in a peaceable and orderly manner. 

" 12. That no aid, charge, tax, burthen, fee, or fees, ou^ht to be 
set, rated, or levied, under any pretence, without the consent of 
the legislature. 

" 13. That the levying taxes by the poll is grievous and oppres- 
sive, and ought to be abolished ; that paupers ought not to be as- 
sessed for the support of government, but every other person in 
the state ought to contribute his proportion of public taxes for 
the support of government according to his actual worth in 
real or personal property within this state ; yet fines, duties or 
taxes may properly and justly be imposed or laid with a political 
view for the good government and benefit of the community. 

" H. That sanguinary laws ought to be avoided, as far as is con- 
sistent with the safety of the state ; and no law to inflict cruel and 
unusual pains and penalties ought to be made, in any case, or at 
any time hereafter. 

" 15. That retrospective laws, punishing facts committed before 
the existence of such laws, and by them only declared criminal, 
are oppressive, unjust, and incompatible with liberty ; wherefore no 
ex post facto law ought to be made. 

" 16. That no law to attaint particular persons of treason or fe- 
lony, ought to be made in any case, or at any time hereafter. 

" 17. That every freeman for any injury done to him in his per- 
son or property, ought to have remedy by the course of the law of 
the land, and ought to have justice and right, freely without sale, 
fully without any denial, and speedily without delay, according to 
the law of the land. 



1776.] OF THE PROVINCE OF MARYLAND. 313 

*' 18. That the trial of facts where they arise, is one of the great- 
est securities of the lives, liberties, and estate of the people. 

" 19. That in all criminal prosecutions, every man hath a right 
to be informed of the accusation against him, to have a copy of the 
indictment or charge in due time (if required) to prepare for his 
defence, to be allowed council, to be confronted with the witnesses 
against him, to have process for his witnesses, to examine the wit- 
nesses for and against him on oath, and to a speedy trial by an im- 
partial jury, without whose unanimous consent he ought not to be 
found guilty. 

"20. That no man ought to be compelled to give evidence 
against himself in a court of common law, or in any other court, 
but in such cases as have been usually practised in this state, or 
may hereafter be directed by the legislature. 

"21. That no freeman ought to be taken, or imprisoned, or dis- 
seized of his freehold, liberties or privileges, or outlawed, or exiled, 
or in any manner destroyed, or deprived of his life, liberty or pro- 
perty, but by the judgment of his peers, or by the law of the land. 

"22. That ex.cessive bail ought not to be required, nor exces- 
sive fines imposed, nor cruel or unusual punishments inflicted by 
the court of law. 

^'23. That all warrants without oath, or affirmation to search 
stispected places, or to seize any person, or property, are grievous 
and oppressive ; and all general warrants to search suspected places, 
or to apprehend suspected persons, without naming or describing 
the place, or the person in special, are illegal, and ought not to 
be granted. 

"24. That there ought to be no forfeiture of any part of the es- 
tate of any person for any crime except murder or treason against 
the state, and then only on conviction and attainder. 

"25. That a well regulated militia is the proper and natural de- 
fence of a free government. 

"26. That standing armies are dangerous to liberty, and ought 
not to be raised or kept up without consent of the legislature. 

^' 27. That in all cases and at all times the military ought to be 
under strict subordination to, and controul of, the civil power. 

*' 28. That no soldier ought to be quartered in any house in time 
of peace without the consent of the owner, and in time of war in 
such manner only as the legislature shall direct. 

"29. That no person except regular soldiers, mariners and ma- 
rines in the service of this state, or militia when in actual service, 
ought in any case to be subject to, or punishable by, martial law. 

" 30. That the independency and uprightness of judges are es- 



311 PROCEEDINGS OF THE CONVENTION [1776. 

sential to the impartial administration of justice, and a great secu- 
rity to the rights and liberties of the people; wiierefore the chan- 
cellor and all judges ought to hold commissions during good be- 
haviour, and the said chancellor and judges shall be removed for 
misbehaviour, on conviction in a court of law, and may be removed 
by the governor upon the address of the general assembly, provided 
that two-thirds of all the members of each house concur in such 
address. That salariee liberal, but not profuse, ought to be secur- 
ed to the chancellor and the judges, during the continuance of 
their commissions, in such manner and at such time as the legisla- 
ture shall hereafter direct, upon consideration of the circumstances 
of the state: no chancellor or judge ought to hold any other office, 
civil or military, or receive fees or perquisites of any kind. 

" 31. That a long continuance in the first executive departments 
of power or trust, is dangerous to liberty, a rotation therefore in 
those departments is one of the best securities of permanent free- 
dom. 

"3*2. That no person ought to bold at the same time more than 
one office of profit, nor ought any person in public trust to receive 
any present from any foreign prince, or state, or from the United 
States, or any of them, without the approbation of this state. 

" 33. That as it is the duty of every man to worship God in such 
manner as he thinks most acceptable to him, all persons professing the 
christian religion are equally entitled to protection in their religious 
liberty, wherefore no person ought by any law to be molested in his 
person or estate on account of his religious persuasion or profes« 
sion, or for his religious practice, unless under color of religion any 
man shall disturb the good order, peace, or safety of the state, or 
shall infringe the laws of morality, or injure others. in their natural, 
civil, or religious rights; nor ought any person to be compelled to 
frequent or maintain, or contribute, unless on contract, to maintain 
any particular place of worship, or any particular ministry ; yet the le- 
gislature may in their discretion lay a general and equal tax for the 
support of the christian religion, leaving to each individual the pow- 
er of appointing the payment over of the money collected from him, 
to the support of any particular place of worship or minister ; or for 
the benefit of the poor of his own denomination, or the poor in 
general of any particular county ; but the churches, chapels, glebes, 
and all other property now belonging to the church of England, 
ouo-ht to remain to the church of England for ever. And all acts 
of assembly lately passed for collecting monies ibr building or re- 
pairing particular churches or chapels of ease, shall continue in 
force and be executed, unless the legislature shall by act supercede 



1776.] OF THE PROVINCE OF MARYLAND. 315 

or repeal the same ; but no county court shall assess any quantity 
of tobacco or sum of money hereafter, on the a])plication of any 
vestrytnan or church wardens; and every incumbent of the church 
of England who hath remained in liis parish and performed his duty 
shall be entitled to receive the provision and support established by 
the act entiled, "An act for the support of the clergy of the church 
of England in this province," till the November court of this pre- 
sent year, to be held for the county in which his parish shall lie, or 
partly lie, or for such time as he hath remained in his parish and per- 
formed his duty. 

34. That every gift, sale, or devise of lands to any minister, pub- 
lic teacher^ or preacher of the gospel, as such, or to any religious 
sect, order or denomination, or to or for the support, use or bene- 
fit of, or in trust for, any minister, public teacher or preacher of the 
gospel, as such, or any religious sect, order or denomination ; and 
every gift or sale of goods or chattels, to go in succession, or to 
take place after the death of the seller or doner, to or for such sup- 
port, use or benefit ; and also every devise of goods or chattels to, 
or to or for the support, use or benefit of any minister, public teach- 
er or preacher of the gospel, as such, or any religious sect, order or 
denomination, without the leave of the legislature, shall be void ; 
except always any sale, gift, lease or devise of any quantity of land 
not exceeding two acres, for a church, meeting, or other house of 
worship, and for a burying ground, which shall be improved, en- 
joyed, or used only for such purpose, or such sale, gift, lease, or 
devise shall be void. 

35. That no other test or qualification ought to be required on 
admission to any office of trust or profit, than such oath of support 
and fidelity to this state, and such oath of office as shall be directed 
by this convention or the legislature of this state, and a declaration of 
a belief in the christian religion. 

36. That the manner of administering an oath to any person 
ought to be such as those of the religious persuasion, profession 
or denomination of which such person is one, generally esteem the 
most eflfectual confirmation by the attestation of the Divine Being. 
And that the people called Quakers, those called Dunkers, and those 
called Menonists, holding it unlawful to take an oath on any oc- 
casion, ought to be allowed to make their solemn affirmation in the 
manner that Quakers have been heretofore allowed to affirm, and 
to be of the same avail as an oath in all such cases as the affirmation 
of Quakers have been allowed and accepted within this state instead 
of an oath. And further on such affirmation warrants to search for 
stolen goods or the apprehension or commitment of offenders ought 



316 PROCEEDINGS OF THE CONVENTION [1776. 

to be granted, or security for the peace awarded ; and Quakers, 
Dunkers, or Menonists, ought also on their solemn affirmation as 
aforesaid to be admitted as witnesses in all criminal cases not capital. 

37. That the city of Annapolis ought to have all its rights, privi- 
liges and benefits, agreeable to its charter and the acts of assembly 
confirming and regulating the same; subject nevertheless to such al- 
terations as may be made by this convention or any future legislature. 

38. That the liberty of the press ought to be inviolably preserved. 

39. That monopolies are odious, contrary to the spirit of a free 
government, and the principles of commerce, and ought not to be 
suffered. 

40. That no title of nobility or hereditary honours ought to be 
granted in this state. 

41. That the subsisting resolves of this and the several conven- 
tions held for this colony ought to be in force as laws, unless altered 
by this convention or the legislature of this state. 

42. That this declaration of rights, or the form of government to 
be established by this convention, or any part of either of them, 
ought not to be altered, changed or abolished, by the legislature of 
this state, but in such manner as this convention shall prescribe 
and direct. 

Agreeable to the order of the day the convention resolved itself 
into a committee of the whole, to consider further of the form of 
government for this state ; Mr. T. Wright in the chair. After some 
time spent therein, Mr. President resumed the chair, and Mr. Wright 
reported, that the committee had according to order taken into con- 
sideration the form of government for this state, and had come to 
several resolutions thereon, which they had directed him to report, 
which he read in his place, and afterwards delivered them in at the 
table where they were again read, and are as follow: 

THE CONSTITUTION AND FORM OF GOVERNMENT. 

1. "That the legislature consist of two distinct branches, a sen- 
ate, and a house of delegates, which shall be styled the General As- 
sembly of Maryland. 

2. "That the house of delegates shall be chosen in the follow- 
ing manner: All freemen, residents of this state, above twenty-one 
years of age, having a freehold of fifty acres of land in the county 
in which they offer to vote, or having property in this state above 
the value of thirty pounds current money, and iiaving resided in the 
county in which they offer to vote one whole year next preceding 
the election, shall have a right of suffrage in the election of dele- 
gates for such county ; and all freemen so qualified shall, on the 
first Monday of October, seventeen hundred and seventy-seven, and 



1776.] , OF THE PROVINCE OF MARYLAND. 3I7 

on the same day in year thereafter, assemble in the counties in 
which they are respectively qualified to vote, at the court houses 
in the said counties, or at such other place as the legislature shall 
direct; and when assembled, or the major part of such of them as 
do assemble, shall elect, viva voce, four delegates for each county, 
of the most wise, sensible, and discreet of the people, residents in 
the county for which they are to be chosen one whole year next 
preceding the time of election, above twenty-one years of age, and 
having in the state real and personal property above the value of 
five hundred pounds current money. 

3. "That the sheriff of each county, or in case of sickness, his 
deputy, (summoning two justices of the county, who are required 
to attend for the preservation of the peace) shall be judge of the 
election, and may adjourn from day to day, if necessary, till the 
same be finished, so that the whole election shall be concluded in 
four days ; and shall make his return thereof, under his hand, to 
the chancellor of this state for the time being. 

4. "That all persons, qualified by the charter of the city of An- 
napolis to vote for burgesses, shall, on the same first Monday of 
October, seventeen hundred and seventy-seven, and '"on the same 
day in every year forever thereafter elect viva voce, by a majority 
of votes, two delegates, qualified agreeable to the said charter; 
that the mayor, recorder, and aldermen, of the said city, or any 
three of them, be judge of the election, appoint the place in the 
said city for holding the same, and may adjourn from day to day as 
aforesaid, and shall make return thereof as aforesaid. 

5. "That all persons, inhabitants of Baltimore town, and having 
the same qualifications as electors in the county shall, on the same 
first Monday of October, seventeen hundred and seventy-seven, and 
on the same day in every year for ever thereafter, at such place in 
the said town as the said judges shall appoint, elect viva voce, by a 
majority of votes, two delegates, qualified as aforesaid. 

6. "That the commissioners of the said town, or any three or 
more of them, for the time being, shall be judges of the said elec- 
tion, and may adjourn as aforesaid, and shall make return thereof 
as aforesaid; but the inhabitants of the said town shall not be en- 
titled to vote for delegates for Baltimore county, unless they have a 
freehold of fifty acres of land in the county without the limits of 
the said town. 

7. "That on refusal, death, disqualification, resignation, or re- 
moval out of the state, of any delegate, or on his becoming govern- 
or, or member of the council, a warrant of election shall issue by 
the speaker, for the election of another in his place, of which ten 



318 PROCEEDINGS OF THE CONVENTION [1776. 

days notice at least, excluding the day of notice and the day of 
election, shall be given. 

8. "That not less than a majority of the delegates, with their 
speaker, (to be chosen by them by ballot) constitute an house for 
the transacting any business, other than that of adjourning. 

9. "That the house of delegates shall judge of the elections and 
qualifications of delegates. 

10. "That the house of delegates may originate all money bills, 
propose bills to the senate or receive those offered by that body, 
and assent, dissent or propose amendments ; that they may enquire, 
oiv the oath of witnesses, into all complaints, grievances, and offen- 
ce*, as the grand inquest of this state, and may commit any person for 
any crime to the public jail, there to remain till he be discharged by 
due course of law ; they may expel any member for a great misde- 
meanor, but not a second time for the same cause ; they may ex- 
amine and pass all accounts of the state, relating either to the col- 
lection or expenditure of the revenue, or appoint auditors to state 
and adjust the same ; they may call for all public or official papers 
and records, and send for persons, whom they may judge necessa- 
ry, in the course of their enquiries, concerning affairs relating to 
the public interest, and may direct all office bonds (which shall be 
made payable to the state) to be sued for any breach of duty. 

11. "That the senate may be at full and perfect liberty to exer- 
cise their judgment in passing laws, and that they may not be com- 
pelled by the house of delegates and the public distress, either to re- 
ject a money bill which the emergency of affairs may require, or to 
assent to some other act of legislation, in their conscience and judg- 
ment injurious to the public welfare ; the house of delegates shall 
not on any occasion, or under any pretence, annex to, or blend 
with a money hill, any matter, clause, or thing, not immediately 
relating to, and necessary for the imposing, assessing, levying or 
applying the taxes or supplies, to be raised for the support of go- 
vernment, or the current expenses of the state; and to prevent al- 
tercation about such bills, it is declared, that no bill imposing du- 
ties or customs for the mere regulating of commerce, or inflictinor 
fines for the reformation of morals, or to enforce the execution of 
the laws, by which an incidental revenue may arise, shall be ac- 
counted a money bill ; but every bill assessing, levying or apply- 
ing taxes or supplies for the support of government, or the current 
expenses of the state, or appropriating money in the treasury, shall 
be deemed a money bill. 

12. "That the house of delegates may punish, by imprisonment, 
any person who shall be guilty of a contempt in their view, by any 



i7Yi8.] OF THE PROVINCE OF MARYLAND. 319 

disorderly or riotous behaviour, or by threats to, or abuse of, their 
members, or by any obstruction to their proceedings ; they may 
also punish, by imprisonment, any person who shall be guilty of a 
breach of privilege, by arresting on civil process, or by assaulting 
any of their members, during their sitting, or on their way to or re- 
turn from the house of delegates, or by any assault of, or obstruction 
to their officers, in the execution of any order or process, or by as- 
saulting or obstructing any witness, or any other person, attending 
on, of on their way to or from, the house, or by rescuing any person 
committed by the house ; and the senate may exercise the same 
power in similar casesi 

13. "That the treasurers (one for the western and another for the 
eastern shore) and the commissioners of the loan office may be ap- 
pointed by the house of delegates during their pleasure, and in 
case of refusal, death, resignations, disqualification, or removal out 
of the state of any of the said commissioners or treasurers, in the 
recess of the general assembly, the governor, with the advice of the 
council, may appoint and commission a fit and proper person to 
such vacant office, to hold the same until the meeting of the next 
general assembly. 

14. " That the senate be chosen in the following manner: All 
persons, qualified as aforesaid to vote for county delegates, shall 
on the first Monday of September, 1781, and on the same day in 
every fifth year forever thereafter, elect viva voce, by a majority of 
votes, two persons for their respective counties, qualified as afore*- 
said to be elected county delegates to be electors of the senate; and 
the sheriff of each county or in case of sickness his deputy (sum- 
moning two justices of the county who are required to attend for 
the preservation of the peace) shall hold and be judge of the said 
election, and make return thereof as aforesaid. 

15. " That the said electors of the senate meet at the city of 
Annapolis, or such other place as shall be appointed for convening 
the legislature on the third Monday in September, 1781, and on the 
same day in every fifth year forever thereafter, and they, or any 
twenty-four of them so met, shall proceed to elect, by ballot, either 
out of their own body, or the people at large, fifteen senators, (nine 
of whom to be residents on the western, and six to be residents on 
the eastern shore) men of the most wisdom, experience and virtue 
above twenty-five years of age, residents of the state above three 
whole years next preceding the election, and having therein real 
and personal property above the value of one thousand pounds 
current money. 

16. " That the senators shall balloted for at one and the same 

41 



320 PROCEEDINGS OF THE CONVENTION [1776. 

time, and out of the gentlemen, resident of the western shore, who 
shall be proposed as senators, the nine who shall on striking the 
ballots appear to have the greatest numbers in their favour, shall 
be accordingly declared and returned duly elected; and out of the 
gentlemen, resident of the eastern shore, who shall be proposed 
as senators, the six who shall, on striking the ballots, appear to have 
the greatest numbers in their favour, shall be accordingly declared 
and returned duly elected; and if two or more, on the same shore, 
shall have an equal number of ballots in their favour, by which the 
choice shall not be determined on the first ballot, then the electors 
shall again ballot before they separate, in which they shall be confin- 
ed to the persons, who on the first ballot shall have had an equal 
number; and they who shall have the greatest number in their favor 
on the second ballot shall be accordingly declared and returned duly 
elected, and if the whole number should not thus be made up be- 
cause of an equal number on the second ballot still being in favour 
of two or more persons, then the election shall be determined by 
lot, between those who have equal numbers ; which proceedings of 
the electors shall be certified under their hands and returned to the 
chancellor for the time being. 

17. " That the electors of senators shall judge of the qualifica- 
tions and elections of members of their body, and on a contested 
election shall admit to a seat, as an elector, such qualified person, 
as shall appear to them to have the greatest number of legal votes 
in his favour. 

18. " That the electors immediately on their meeting, and be- 
fore they proceed to the election of senators, take such oath or 
affirmation of support and fidelity to this state, as this convention 
or the legislature shall direct, and also an oath or affimation "to 
elect without favour, affection, partiality, or prejudice, such persons 
for senators as they in their judgment and conscience, believe 
best qualified for the office." 

19. "That in case of refusal, death resignation, disqualification 
or removal out of the state, of any senator, or on his becoming 
governor, or a member of the council, the senate shall immediately 
thereupon or at their next meeting thereafter, elect by ballot, in the 
same manner as the electors are above directed to choose senators, 
another person in his place, for the remainder of the said term of 
five years. 

20. " That not less than a majority of the senate, with their pre- 
sident, (to be chosen by them by ballot) shall constitute an house 
for the transacting any business, other than that of adjourning. 

21. "That the senate shall judge of the elections and qualifica- 
tion of senators. 



1776.] OF THE PROVINCE OF MARYLAND. 321 

22. " That the senate may originate any other, except money bills 
to which their assent or dissent only shall be given, and may re- 
ceive any other bills from the house of delegates, and assent, dis- 
sent or propose amendments. 

2-J. " That the general assembly meet annually on the first Mon- 
day of November; and if necessary, oftener. 

24. " That each house shall appoint its own officers, and settle 
its own rules of proceeding. 

25. " That a person of wisdom, experience, and virtue, shall be 
chosen governor on the second Monday of November, seventeen 
hundred and seventy-seven, and on the second Monday in every 
year for ever thereafter, by the joint ballot of both houses, to be 
taken in each house respectively, deposited in a conference room, 
the boxes to be examined by a joint committee of both houses 
and the numbers severally reported, that the appointment may be 
entered ; which mode of taking the joint ballot of both houses 
shall be adopted in all cases. But if two or more shall have an 
equal number of ballots in their favour, by which the choice shall 
not be determined on the first ballot, then a second ballot shall be 
taken, which shall be confined to the persons, who on the first 
ballot shall have had an equal number; and if the ballots should 
again be equal between two or more persons, then the election of 
the governor shall be determined by lot, between those who have 
equal numbers. 

26. "That the senators and delegates, on the second Tues- 
day of November, seventeen hundred and seventy-seven, and an- 
nually on the second Tuesday of November, forever thereafter, elect 
by joint ballot in the same manner as senators are directed to be 
chosen, five of the most sensible, discreet and experienced men, 
above twenty-five years of age, residents in the state above three 
years next preceding the election, and having therein a freehold in 
lands and tenements, above the value of one thousand pounds 
current money, to be the council to the-governor, whose proceed- 
ings shall be always entered on record, to any part whereof any 
member may enter his dissent, and their advice, if so required by 
the governor, or any member of the council, shall be given in wri- 
ting, and signed by the members giving the same respectively; 
which proceedings of the council shall be laid before the senate, or 
house of delegates, when called for by them, or either of them. 
The council may appoint their own clerk, who shall take such such 
oath or afiirmation of support and fidelity to this state as this con- 
vention or the legislature shall direct, and of secrecy, in such 
matters as he shall be directed by the board to keep secret. 



322 PROCEEDINGS OF THE CONVENTION [177(5. 

27. " That the delegates to congress from this state shall be 
chosen annually or superseded in the mean time by the joint ballot 
of both houses of assembly, and that there be a rotation in such 
manner that at least two of the number be annually changed, who 
shall not be eligible for two years then next to come ; and that no 
person who holds any office of profit in the gift of congress shall 
be eligible to sit in congress, but if appointed to any such office 
his seat shall be thereby vacated : That no person unless above 
twenty-five years of age, and a resident in this state more than five 
years next preceding the election, and having real and personal 
estate in this state above the value of one thousand pounds current 
money, shall be eligible to sit in congress. 

28. " That the senators and delegates, immediately on their an-, 
nual meeting, and before they proceed to any business, and every 
person hereafter elected a senator, or delegate, before he acts as 
such, shall take such oath of support and fidelity to this state as 
aforesaid, and before the election of the governor, or members of 
the council shall take an oath "to elect without favour, effiection, 
partiality or prejudice, such person, as governor, or member of 
the council, as they, in their judgment and conscience, believe best 
qualified for the office." 

29. " That the senate and delegates may adjourn themselves re^ 
spectively ; but if the two houses should not agree on the same 
time, but adj^ourn to different days, then shall the governor appoint 
and notify one of those days or some day between, and the assem-; 
bly shall then meet and be held accordingly, and he shall, if neces-> 
sary, by advice of the council call them before the time to which 
they shall in any manner be adjourned, on giving not less than ten 
days notice thereof, but the governor shall not adjourn the assembly 
otherwise than as aforesaid, nor prorogue or dissolve it at any time. 

30. " That no person unless above twenty-five years of age, a 
resident in this state above five years next preceding the election, 
and having in the state real and personal property above the value 
of five thousand pounds current money, one thousand pounds, 
whereof at least to be of freeehold estate, shall be eligible as gov-: 
ernor. 

81. " That the governor shall not continue in that office longer 
than three years sucessively, nor be eligible as governor until 
the expration of four years after he shall have been out of that 
office. 

32. "That upon the death, resignation, or removal out of this 
state of the governor, the first named of the council for the time 
being shall act as governor, and qualify in the same manneir, ap4 



1776.] OF THE PROVINCE OF MARYLAND. 323 

shall immediately call a meeting of the general assembly, giving not 
less than fourteen days notice of the meeting, at which meeting a 
governor shall be appointed in manner aforesaid, for the residue of 
the year. 

33. " That the governor, by and with the advice and consent 
of the council, may embody the militia, and when embodied, shall 
alone have the direction thereof, aud shall also have the direction 
of all the regular land and sea forces under the laws of this state, but 
he shall not command in person unless advised thereto by the council, 
and then only so long as they shall approve thereof, and may alone 
exercise all other the executive powers of government, where the 
concurrence of the council is not required, according to the laws 
of this state, and grant reprieves or pardons for any crime, except 
in such cases where the law shall otherwise direct ; and may, during 
the recess of the general assembly, lay embargoes to prevent the 
departure of any shipping, or the exportation of any commodities, 
for any time not exceeding thirty days in any one year, summon- 
ing the general assembly to meet within the time of the continu- 
ance of such embargo, and may also order and compel any vessel 
to ride quarantine, if such vessel, or the port from which she shall 
have come, shall, on strong grounds be suspected to be infected 
with the plague; but the governor shall not, under any pretence, 
exercise any power or prerogative, by virtue of any law, statute, or 
custom of England or Great Britain. 

34. "That the members of the council, or any three or more of 
them, when convened, shall constitute a board for the transacting 
of business ; that the governor for the time being shall always be 
the president of the couiicil, and as such entitled to a vote on all 
questions in which they shall be divided in opinion ; and in the ab- 
sence of the governor the first named of the council shall act as 
vice president, and as such shall also vote in all cases where the 
members disagree in their opinion. 

35. "That in case of refusal, death, resignation, disqualification 
or removal out of the state, by any person chosen a member of the 
council, the members thereof, immediately thereupon, or at their 
next meeting thereafter, shall elect by ballot, another person, quali- 
fied as aforesaid, in his place, for the residue of the year. 

36. "That the council shall have power to make the great seal 
of this state, which shall be kept by the chancellor for the time 
being, and affixed to all laws, commissions, grants, and other pub- 
lic testimonials, as has been heretofore practised in this state. 

37. "That no senator, delegate of the assembly, or member of the 
council, shall be capable of holding any office of profit in this state, 



3-2 1 PROCEEDINGS OF THE CONVENTION [1776. 

during the time he shall act as senator, delegate of the assembly, 
or member of the council; nor shall any governor be capable of 
holding any other office of profit in this state while he acts as such. 

38. " That every governor, senator, delegate to congress or as- 
sembly, and member of the council, before he acts as such, shall 
take an oath, "That he will not receive directly or indirectly, at 
any time, any part of the profits of any office, held by any other 
person during his acting in his office of governor, senator, delegate 
to congress or assembly, or member of the council, or the profits, 
or any part of the profits arising on any agency, for the supply of 
clothing or provisions for the army or navy." 

39. "That if any senator, delegate of the assembly, or member 
of the council, shall hold or execute any office of profit, or receive 
directly or indirectly, at any time, the profits or any part of the pro- 
fits of any office exercised by any other person, during his acting as 
senator, delegpte of the assembly, or metnber of the council, his 
seat, on conviction in a court of law, by the oath of two credible 
witnesses, shall be void, and he shall suffer the punishment for wil- 
ful and corrupt peijury, or be banished from this state forever, or 
disqualified forever from holding any office or place of trust or pro- 
fit, as the court may adjudge. 

40. " That the chancellor, all judges, the attorney general, clerks 
of the general court, the clerks of the county courts, the register 
of the land-office, and the register of wills, shall hold their com- 
missions during good behaviour, removable only for misbehaviour, 
on conviction in a court of law. 

41. " That there be a register of wills appointed for each coun- 
ty, who shall be commissioned by the governor, on the joint re- 
commendation of the senate and house of delegates, and that upon 
the death, resignation, disqualification, or removal out of the coun- 
ty, by any register of wills in the recess of the general assembly, 
the governor, with the advice of the council, may appoint and com- 
mission a fit and proper person to such vacant office, to hold the 
same until the meeting of the general assembly. 

42. "That sheriffs shall be elected annually in each county by 
ballot, that is to say, two persons for the office of sheriff for each 
county, the one of whom having the majority of votes, or if both 
have an equal number, either of them, at the discretion of the go- 
vernor, to be commissioned by the governoi for the said office ; no 
person to continue in the said office more than three successive 
years, or be capable of being again elected during four years after- 
wards: bond with security to be taken every year as usual, and no 
sheriflT shall be qualified to act before the same is given. In case 



1776.] OF THE PROVINCE OF MARYLAND. 325 

of death, refusal, resignation, disqualification, or removal out of 
the county, before the expiration of the year, the other person cho- 
sen as aforesaid, shall be commissioned by the governor to execute 
the said office for such residue of the year as shall be unexpired ; 
the said person giving bond with security as aforesaid, and in case 
of his death, refusal, resignation, disqualification, or removal out 
of the county, before the expiration of the year, the governor with 
the advice of his council, may nominate and commission a fit and 
proper person to execute the said office for such residue of the year 
as shall be then unexpired ; the said jjerson giving bond and secu- 
rity as aforesaid ; the election shall be held at the same time and 
place appointed for the election of delegates, and the justices there 
summoned to attend for the preservation of the peace shall be 
judges thereof, and of the qualification of candidates, who shall ap- 
point a clerk to take the ballots: all freemen above the age of 
twenty-one years, having a freehold of fifty acres of land in the 
county in which they oflfer to ballot, and residing therein, and all 
freemen above the age of twenty-one years, and having property 
ill the state above the value of thirty pounds current money, and 
having resided in the county in which they offer to ballot one whole 
year next preceding the election, shall have a right of suffrage; no 
person to be eligible to the office of sheriff for a county but an in- 
habitant of the said county, above the age of twenty-one years, 
and having real and personal property in the state above the value 

of the justices aforesaid shall examine the ballots, and the 

two candidates properly qualified, having in each county the ma- 
jority of legal ballots, shall be declared duly elected for the office 
of sheriff for such county, and returned to the governor and coun- 
cil, with a certificate of the number of ballots for each of them. 

43. "That the judges of the general court and justices of the 
county courts, may appoint the clerks of their respective courts, 
and in case of refusal, death, resignation, disqualification, or remo- 
val out of the state, of the clerk of the general court in the vacation 
of the said court ; and in case of the refusal, death, resignation, dis- 
qualification, or removal out of the county of any of the said county 
clerks in the vacation of the county court of which he is clerk, the 
governor with the advice of the council may appoint and commis- 
sion a fit and proper person to such vacant office respectively, to 
hold the same until the meeting of the next general court or county 
court, as the case may be. 

44. " Thai the governor for the time being, with the advice and 
consent of the council, may appoint the chancellor, and all judges 
and justices, the attorney general, naval officers, officers in the re- 



3-26 PROCEEDINGS OF THE CONVENTION [1776. 

gular land and sea service, ofRcers of the militia, registers of the 
land office, surveyors, and all other civil oflicers of government (as- 
sessors, constables and overseers of the roads only excepted) and 
may also suspend or remove any civil officer who has not a commis-' 
sion, during good behaviour, and may suspend any militia officerfof 
one month, and may also suspend or remove any regular officer in 
the land or sea service ; and the governor may remove or suspend 
any militia officer in pursuance of the judgment of a court martiah 

45. "That all civil officers, of the appointment of the governor 
and council, who do not hold commissions during good behaviour, 
shall be appointed annually in the third week of November, but if 
any of them shall be re-appointed, they may continue to act with- 
out any new commission or qualification ; and every officer though 
not fe-appointed shall continue to act until the person who shall be 
appointed and commissioned in his stead, shall be qualified. 

46. " That the governor, and every member of the council, be- 
fore they act as such, shall respectively take an oath, " that he will 
not, through favor, affection, or partiality, vote for any person to 
office, and that he will vote for such person as in his judgment and 
conscience he believes best qualified for the office, and that he has 
not made, nor will make, any promise or engagement to give his 
vote or interest in favor of any person." 

47. " That there be two registers of the land office, one upon 
the western, and one upon the eastern shore ; that short extracts of 
the grants and certificates of the land on the western and eastern 
shores respectively be made in separate books, at the public ex- 
pense, and deposited in the offices of the said registers, in such 
manner as shall hereafter be provided by the general assembly. 

48. " That every chancellor, judge, register of wills, commis- 
sioner of the loan office, attorney general, sheriff, treasurer, naval 
officer, register of the land office, register of the chancery court, 
and every clerk of the common law courts, surveyor, and auditor 
of public accounts, before he acts as such, shall take an oath "that 
he will not directly or indirectly receive any fee or reward for do- 
ing his office of but what is or shall be allowed by law, 

nor will directly or indirectly receive the profits or any part of the 
profits of any office held by any other person, and that he does 
not hold the same office in trust or for the benefit of any other 
person." , 

49. " That if any governor, chancellor, judge, register of wills, 
attorney general, register of the land office, commissioner of the 
loan office, register of the chancery court, or any clerk of the com- 
mon law courts, treasurer, naval officer, sherifT, surveyor, or auditor 



Itl6.] OF THE PROVINCE OF MARYLAND. 327 

of public accounts, shall receive directly or indirectly, at any time 
the profits or any part of the profits of any office, held by any other 
person, during his acting in the office to which he is appointed, his 
election, appointment and commission, on conviction in a court of 
law, by the oath of two credible witnesses, shall be void, and he 
shall suffer the punishment for wilful and corrupt perjury, or be 
banished this state forever, or disqualified forever, from holding any 
office or place of trust or profit, as the court may adjudge. 

50. "That if any person shall give any bribe, present, or reward, 
or any promise, or any security for the payment or delivery of any 
money, or any other thing, to obtain or procure a vote, to be go- 
vernor, senator, delegate to congress, or assembly, member of the 
council, or judge, or to be appointed to any of the said offices, or 
to any office of profit or trust, now created or hereafter to be cre- 
ated in this state, the person giving and the person receiving the 
same, on conviction in a court of law, shall be forever disqualified 
to hold any office of trust or profit in this state. 

51. " That every person appointed to any office of profit or trust 
shall, before he enters on the execution thereof, take the following 
oath, to wit, "I, A. B. do swear, That I will be true and faithful to 
the state of Maryland, and the government thereof, as by the con- 
vention of Maryland established, and that I will to the utmost of 
my power, support, maintain and defend the said state and govern- 
ment thereof; and that I will use my utmost endeavors to disclose 
and make known to the governor, the council, or some of the 
judges or justices of this state for the time being, all treasons and 
traitorous conspiracies or attempts which I shall know to be against 
this state and the government thereof; and I do declare, that no 
king, prince, or state, hath, or ought to have, any power, jurisdic- 
tion, superiority, or authority, within this state." And shall also 
subscribe a declaration of his belief in the christian religion. 

52. " That there be a court of appeals, composed of persons of 
integrity and sound judgment in the law, whose judgment shall be 
final and conclusive in all cases of appeal, from the general court, 
court of chancery, and court of admiralty: That one person of in- 
tegrity and sound judgment in the law, be appointed chancellor : 
That three persons of integrity and sound judgment in the law, be 
appointed judges of the court now called the provincial court ; and 
that the same court be hereafter called and known by the name of 
the general court ; which court shall sit on each shore for determin- 
ing the business of each shore respectively. 

53. " That the style of all laws run thus, " Be it enacted by the 
general assembly of Maryland:" That all public commissions and 

42 



328 PROCEEDINGS OF THE CONVENTION [1776. 

grants run thus: "The State of Maryland, &c." and shall bear test 
by the governor with the seal of the state annexed : That all writs 
shall run in the same style, and betested, sealed, and signed as usual: 
That all indictments shall conclude : '' Against the peace, govern- 
ment and dignity of the state." 

54. "That all penalties and forfeitures, heretofore going to the 
king or proprietary, shall go to the state, save only such as the gene- 
ral assembly may abolish or otherwise provide for. 

55. " That this form of government, and the declaration of rights, 
and no part thereof, shall be altered, changed, or abolished unless a 
bill so to alter, change, or abolish the same, shall pass the general 
assembly and shall be confirmed by the general assembly after a 
new election of delegates, in the first session alter such new elec- 
tion. 

56. " That to introduce the new government, an election be held 
for the electors of the senate on the third Monday of November in 
this present year, and that the electors of the senate meet at An- 
napolis on the first Monday of December in this present year, and 
there choose senators, and that an election be held on the third 
Monday of December for delegates to serve in general assembly, 
and for sheriffs ; and that the said elections be made by such per- 
sons in the same manner and under the same qualifications as such 
elections are herein before directed to be made at the periodical 
times beforementioned ; the returns of all which first elections shall 
be made to the council of safety for the time being, and the gene- 
ral assembly shall meet at Annapolis on the day of 

and shall in their then session, or in such future ses- 
sion as they shall think proper, choose a governor and council for 
the residue of the year in the manner before directed : and for fill- 
ing in the first instance only all the oftices in the disposition of the 
governor, with the advice of the council ; the house of delegates 
may also propose to the senate a list of all officers in the appoint- 
ment of the governor, with the advice of the council, and on the 
senate concurring therein, or the recommendation of any of the 
persons therein mentioned, such persons so recommended shall be 
commissioned by the governor; but if the senate shall not concur 
in the recommendation of any of the persons proposed as afore- 
said, then shall a joint ballot of both houses be taken in manner 
aforesaid for persons to be recommended for such offices, and the 
persons in whose favor such ballot shall pass shall be coramission- 
ed as aforesaid." 

Convention adjourns till Monday morning, 9 o'clock. 



I 



1776,] 



OF THE PROVINCE OF MARYLAND. 



329 



MONDAY, November 4, 1776. 

Convention met. All members present as on yesterday. The 
proceedings of yesterday were read. Mr. Barnes, Mr. J. Mackall, 
Mr. B. Mackall, Mr. B. Hall, Mr. Sprigg, Mr. Hammond, Mr. S. 
Chase, Mr. J. T. Chase, and Mr. J. Wilson, appeared in the house. 

On motion of Mr. Gustavus Scott, That all civil officers now in 
commission for this state under the old form of government, shall 
continue to act in their respective departments until others shall 
be appointed and commissioned in their stead by the legislature or 
executive power of this state, and qualified to act? An amendment 
was proposed in the words following, "and that the county courts 
assess the county charges as usual." On which amendment the 
question was put, and resolved in the affirmative. 
AFFIRMATIVE. 



Mr. Barnes, 


Mr, 


, Edelen, 


Mr. 


S. Wright, 


Fenwick, 




Beall, 




Edmondson, 


Plater, 




Stull, 




Gibson, 


Dent, 




J. Smith, 




Mason, 


Parnham, 




Archer, 




Dickinson, 


Graharae, 




Ewing, 




Johnson, 


Fitzhugh, 




D. Smith, 




Gus. Scotf, 


J. Mackall, 




Brevard, 




Geo. Scott, 


Marbury, 




Earle, 




Horsey, 


Worthington, 




T. Smyth, 




Chaille, 


Paca, 




T. Wright, 




Bishop, 


Carroll, 




Kent, 




Mitchell. 


J. Wilson, 




Bruff, 
NEGATIVE. 






Mr. Bayly, 


Mr. 


Ridgely, 


Mr. 


Bond, 


Williams, 




Deye, 




Love, 


Fischer, 




Stevenson, 




Gilpin. 



Schriver, 

The question was then put on the motion so amended, and re- 
solved in the affirmative. 

Ordered, That the same be published in the Maryland Gazette 
and Baltimore papers.' 

The convention took into consideration the report of the form of 
government for this state from the committee of the whole, and in 
progression on reading the same, on motion of Mr. Bayly, the ques- 
tion was put. That the second article thereof be struck out? Car- 
ried in the negative. 

On motion of Mr. T. Wright, the question was then put. That 
the word "five" be inserted instead of the word "thirty" in the se- 
cond article ? Carried in the negative. 



330 



PROCEEDINGS OF THE CONVENTION 



[ 1776. 



AFFIRMATIVE. 



Mr. Fitzhugh, 
J. Mackal], 
Bowie, 
Marbury, 
Hammond, 
J. Wilson, 
Bayly, 



Ml 



Mr 



Williams, 

Ridgely, 

Deye, 

Stevenson, 

Bond, 

Love, 

Archer, 

NEGATIVE. 

Fischer, 

Edelen, 

Schriver, 

Be all, 

Stull, 

J. Smith, 

J. T. Chase, 

Gilpin, 

D. Smith, 

Earle, 

T. Smyth, 



Mr. 



Ewing, 

Brevard, 

T. Wright, 

Kent, 

Bruff, 

S. Wright, 



Mr. Edmondson, 

Gibson, 

Mason, 

Dickinson, 

Johnson, 

Gus. Scott, 

Geo. Scott, 

Horsey, 

Chaille, 

Bishop, 

Mitchell. 



Mr. Barnes, 
Fen wick, 
Plater, 
Dent, 
Parnham, 
B. Mackall, 
Grahame, 
J. Hull, 
Worihington, 
S. Chase, 
Paca, 
Carroll, 
On motion of Mr. Bayly, the question was then put. That the 
words "or paying taxes for the support of government," be inserted 
in the second article instead of the words "or having property in the 
state above the value of thirty pounds currency?" Carried in the 
negative. 

AFFIRMATIVE. 
Mr. Bayly, Mr. Gilpin, 

Williams, Ewing, 

Ridgely, D. Smith, 

Deye, Brevard, 

Stevenson, T. Wright, 

Bond, Kent, 

Love, Bruff, 

Archer, S. Wright. 

NEGATIVE. 
Mr. Edelen, Mr. Mason, 

Schriver, Dickinson, 

Beall, Johnson, 

Stull, Gust. Scott, 

J. Smith, Geo. Scott, 

J. T. Chase, Horsey, 

Earle, Chaille, 



Mr. Dent, 

Parnham, 

Fitzhugh, 

J. Mackall, 

Bowie, 

Marbury, 

Hammond, 

J. Wilson, 

Mr. Barnes, 
Fenwick, 
Plater, 
B. Mackall, 
J. Hall, 
Worthington, 
S. Chase, 



1776. 



OF THE PROVINCE OF MARYLAND. 



331 



Mr. Paca, Mr. T. Smyth, Mr. Bishop, 

Carroll, Edinondson, Mitchell. 

Fischer, Gibson, 

On motion of Mr. S. Chase, the question was put, That the word 
"third" be inserted in the second article between the word "every" 
and the word "year?" Carried in the negative. 

On motion of Mr. S. Chase, the question was then put, That the 
word "secoiid" be inserted in the same place ? Carried in the ne- 
gative. 

AFFIRMATIVE. 



Mr. 



Barnes, 
Fen wick, 
Plater, 
Grahame, 
J. Hall, 
Worthington, 
S. Chase, 
Paca, 



Mr. 



Carroll, 
J. Wilson, 
Earle, 
T. Smyth, 
T. Wright, 
Edmondson, 
Mason, 
Dickinson, 



Mr. Johnson, 
Gus. Scott, 
Geo. Scott, 
Horsey, 
Chaille, 
Bishop, 
Mitchell. 



NEGATIVE. 

Mr. Dent, Mr. Edelen, Mr. Love, 

Parnham, Schriver, Archer, 

B. Mackall, Beall, Gilpin, 

Fitzhugh, Stull, Ewing, 

J. Mackall, Ridgely, D. Smith, 

Bowie, Deye, Brevard, 

Marbury, Stevenson, Kent, 

Hammond, J. Smith, BrufF, 

Bayly, J. T. Chase, S. Wright, 

Williams, Bond, Gibson. 
Fischer, 

On motion of Mr. Earle, tlie question was put, That the words 

"by ballot" be inserted in the second article instead of the words 

"viva voce .'* " Carried in the negative. 
Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

In progression on reading the form of government, on motion of 
Mr. J. Hall, the question was put, That the following be an addi- 
tion to the fourth article ; "but the inhabitants of the said city shall 
not be entitled to vote for delegates for Anne Arundel county, un- 
less they have a freehold of fifty acres of land in the county dis- 
tinct from the city ? Resolved in the affirmative. 



332 



PROCEEDINGS OF THE CONVENTION 



[1776. 



Mr. Fenwick, 
Dent, 
Parnham, 
Fitzhugh, 
~ J. Mackall, 
Bowie, 
Hammond, 
J. Hall, 
J. Wilson, 
Williams, 
Schriver, 



AFFIRMATIVE. 

Mr. Beall, Mr. Earle, 



Stull, 

Ridgely, 

Deye, 

Stevenson, 

Bond, 

Love, 

Archer, 

Gilpin, 

D. Smith, 

Brevard, 

NEGATIVE. 

Mr. S. Chase, 
Paca, 
Carroll, 
Bayly, 
Fischer, 
Edelen, 
J. Smith, * 



Kent, 

S. Wright, 

Edmondson, 

Gibson, 

Dickinson, 

Geo. Scott, 

Horsey, 

Chaille, 

Mitchell. 



Mr. 



J. T. Chase, 

Ewing, 

T. Smyth, 

Bruff, 

Mason, 

Johnson, 

Gust. Scott. 



Mr. Barnes, 

Plater, 

B. Mackall, 

Grahame, 

B. Hall, 

Sprigg, 

Marbury, 

Worthington, 
On motion of Mr. J. T. Chase, That the following be inserted 
as an addition to the fifth article ; "but if the said inhabitants of the 
town shall so decrease, as that the number of persons having right 
of suffrage therein shall have been, for the space of seven years 
successively, less than one half of the number of voters in some 
one county in this state, such town thenceforward shall cease to 
send two delegates or representatives to the house of delegates, 
until the said town shall have one half of the number of voters in 
some one county in this state. And in case the inhabitants of the 
said town shall so increase, as that the number of persons having 
Tight of suffrage therein shall be equal to the number of voters in 
any one county in this state, that then the said town shall send 
four representaves to the house of delegates." It was moved and 
agreed, that the proposition consisting of two parts should be se- 
parated. The question was then put on the first part, which fol- 
lows in these words; "but if the said inhabitants of the town shall 
so decrease, as that the number of persons having right of suffrage 
therein shall have been, for the space of seven years successively, 
less than one half of the number of voters in some one county in 
this state, such town thenceforward shall cease to send two dele- 
gates or representatives to the house of delegates, until the said 
town shall have one half of the number of voters in some one 
county in this state," and resolved in the affirmative. 



1776.] 



OF THE PROVINCE OF MARYLAND, 



333 



An amendment was then proposed to the latter part, to insert the 
words "the largest" instead of the words "any one?" Upon which 
amendment the question was put, and resolved in the affirmative. 

The question was then put on the latter part so amended, and 
carried in the negative. 

AFFIRMATIVE. 



Mr. Dent, 

Grahame, 
Hammond, 
J. Wilson, 
Schriver, 



Mr. 



Mr. Ridgely, 
Deye, 
Stevenson, 
J. Smith, 
Archer, 

NEGATIVE. 

Mr. Carroll, 
Bayly, 
Williams, 
Edelen, 
Beall, 
Stull, 
Bond, 
Love, 
D. Smith, 
Earle, 
T. Smyth, 
T. Wright, 



Gilpin, 
Evving, 
Brevard, 
Johnson. 



Mr. 



Barnes, 

Fen wick, 

Plater, 

B. Mackall, 

Fitzhugh, 

J. Mackall, 

Bowie, 

B. Hall, 

Sprigg, 

Marbury, 

J. Hall, 

Worthington, 

S. Chase, 
In progression on reading the form of government, the question 
was put. That the I8th article thereof be concurred with? Carri- 
ed in thenegative. 

On motion of Mr. S. Chase, the question was put. That the 
words "or affirmation" in the 26th article be struck out? Resolved 
in the affirmative. 

AFFIRMATIVE. 



Kent, 

BrufF, 

S. Wright, 

Edmondson, 

Gibson, 

Dickinson, 

Gust. Scott, 

Geo. Scott, 

Horsey, 

Chaille, 

Bishop, 

Mitchell. 



Mr. 



Barnes, 

Fenwick, 

Dent, 

Parnham, 

Grahame, 

B. Hall, 

Sprigg, 

Marbury, 

S. Chase, 



Mr. Paca, 
Carroll, 
J. Smith, 
J. T. Chase, 
D. Smith, 
Earle, 
T. Wright, 
Kent, 
BrufT, 



Mason, 
Dickinson, 
Johnson, 
Gust. Scott, 
Geo. Scott, 
Horsey, 
Chaille, 
Mitchell. 



834 



Mr. 



PROCEEDINGS OF THE CONVENTION 
NEGATIVE. 



[1776. 



StuU, 


Mr. 


Gilpin, 


Ridgely, 




Evving, 


Deye, 




Brevard, 


Stevenson, 




T. Smyth, 


Bond, 




S. Wright, 


Love, 




Edmondson 


Archer, 




Gibson. 



Hammond, 
J. Wilson, 
Bayly, 
Williams, 
Fischer, 
Edelen, 
Schriver, 
Beall, 
Convention adjourns till to-morrow morning, 9 o'clock. 

TUESDAY, November 5, 1776. 

Convention met. All members present as on yesterday, 
proceedings of yesterday were read. 

In progression on reading the form of government, on motion 
of Mr. D. Smith, the question was put. That the words " a native 
of the United States of America'' be inserted in the -SOth article 
after the word unless?" Carried in the negative. 

AFFIRMATIVE. 
Mr. 



The 



Mr. 



Barnes, 


Mr. Worthington, 


Mr. Love, 


Fenwick, 


J. Wilson, 


Archer, 


Dent, 


Bayly, 


Evving, 


Parnham, 


Williams, 


D. Smith, 


J. Mackall, 


Ridgely, 


Kent, 


Bowie, 


Deye, 


Bruff, 


B. Hall, 


Stevenson, 


S. Wright, 


Marbury, 


Bond, 


Gibson. 


Hammond, 


NEGATIVE. 




Plater, 


Mr. Schriver, 


Mr. Mason, 


B. Mackall, 


Beall, 


Dickinson, 


Grahame, 


Stull, 


Johnson, 


Fitzhugh, 


J. Smith, 


Gus. Scott. 


Sprigg, 


J. T. Chase, 


Geo. Scott, 


S. Chase, 


Gilpin, 


Horsey, 


Paca, 


Brevard, 


- Chaille, 


Carroll, 


Earle, 


Bishop, 


Fisher, 


T. Wright, 


Mitchell, 


Edelen, 


Edmondson, 





On motion. Resolved, That the determnation of every question 
be according as the majority members shall appear to be on taking 
the yeas and nays of those who vote on the question, if the yeas 
and nays shall be taken on such question. 



17760 



OF THE PROVINCE OF MARYLAND. 



335 



On motion of Gustavus Scott, the question was put, That the 
words "to congress or," be insetted in the first line of the 37th arti- 
cle of the form of government after the word "delegate," instead 
of the words "or the ?" Carried in the negative. 

On motion of Mr. S. Chase, the question was put, That no dele- 
gate, senator, or member of the council, after he is qualified as such, 
shall hold any office of profit during the time for which he is elect- 
ed ? Resolved in the affirmative. 



Mr 



Fenwick, 

Plater, 

B. Mackall, 

Grahame, 

Fitzhugh, 

J. Mackall, 

Bowie, 

B. Hall, 

Sprigg, 

Marbury, 

Hammond, 

J. Hall, 

Worthington, 

S. Chase, 



AFFIRMATIVE. 

Mr. J. Wilson, 
Bayly, 
Williams, 
Fischer, 
Edelen, 
Schriver, 
Beall, 
Stull, 
Ridgely, 
Deye, 
Stevenson, 
Bond, 
Love, 
Gilpin, 

NEGATIVE. 

Mr. J. Smith, 
J. T. Chase, 
Archer, 
Earle, 



Mr. 



Evving, 

D. Smith, 

Brevard, 

T. Wright, 

Bruflr, 

S. Wright, 

Gibson, 

Mason, 

Dickinson, 

Gus. Scott, 

Horsey, 

Cliaille, 

Bishop, 

Mitchell. 



Mr. Barnes, Mr. J. Smith, Mr. T. Smyth, 

Dent, J. T. Chase, Kent, 

Parnham, Archer, Johnson, 

Paca, Earle, Geo. Scott. 

Carroll, 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

On motion. Resolved, That the rank of the officers of the com- 
panies of matrosses lately ordered to be raised, be reserved to be 
hereafter settled by the convention or council of safety, without 
any respect to the dates of their comnnssions. 

On motion for an appointment of lieutenants for the company 
of matrosses to be stationed at Baltimore town, and Mr. James 
Smith, Mr. Larkin Dorsey, and Mr. Robert Willmott, being re- 
commended. Resolved, That Mr. James Smith be appointed first 
lieutenant, Mr. Larkin Dorsey second lieutenant, and Mr. Robert 
Willmot third lieutenant of said company. 
43 



336 



PROCEEDINGS OF THE CONVENTION 



(177^, 



On reading the 42d article of the form of government, the ques- 
tion was put, That the blank for the qualification of sheriffs be fill- 
ed up with "one thousand pounds current money? Resolved in the 
affirniativCc 

AFFIRMATIVE. 

Mr. Barnei?, Mr. S. Chase, Mr. D. Smith, 

Plater, Paca, Earle, 

Dent, Carroll, T. Smyth, 

Parnham, J.Wilson, T. Wiight, 

B. Mackall, Edelen, Dickinson, 

B. Hall, Beall, Johnson, 

Sprigg, Slull, Gust. Scott, 

Marbury, J. Smith, Geo. Scott, 

J. Hall, J. T. Chase, Horsey. 

Worthington, Gilpin, 

NEGATIVE. 

Ridgely, 

Deye, 

Stevenson, 

Bond, 

Love, 

Archer, 

Ewing, 

Brevard, 



Mr. 



Mr. 



Kent, 

Brufl", 

S. Wright, 

Gibson, 

Mason, 

Chaille, 

Bishop, 

Mitchell. 



Mr. Fenwick, 

Grahame, 

Fitzhugh, 

J. Mackall, 

Bowie, 

Hammond, 

Bayly, 

Williams, 

Schriver, 
On motion of Mr. T. Wright the question was then put, That 
in the said article the word "annually" be struck out, and the words 
"every third year" inserted ; Resolved in the affirmative. 

On motion of Mr. Bayly, That in the said article the words "viva 
voce" be inserted instead of the words "by ballot?" Carried in the 
negative. 

On motion of Mr. S. Chase, the question was put, That the gov- 
ernor, with the advice of the council, shall have the appointment of 
sheriffs ? Carried in the nearative. 



Mr. Barnes, 
Fenwick, 
B. Hall, 

Mr. Dent, 

Parnham, 



AFFIRMATIVE. 

Mr. Marbury, 
S. Chase, 
Carroll, 

NEGATIVE. 

Mr. Edelen, 
Schriver, 



Mr. T. Smyth, 
Johnson, 
Gust. Scott. 



Mr. Brevard, 
Earle, 



[1776, 



Mr. B. Mackall, 
Grahame, 
Fitzhugli, 
J. Mackall, 
Bowie, 
Sprigg, 
Hammond, 
J. Hall, 
Worthington, 
J. Wilson, 
Bayly, 
Williams, 
Fischer, 



OF THE PROVINCE OF MARYLAND. 

Mr 



337 



Beall, Mr. T. Wright, 

Stull, Kent, 

Ridgely, Bruff, 

Deye, S. Wright, 

Stevenson, Edmondson, 

J. Smith, Gibson, 

J. T. Chase, Mason, 

Bond, Dickinson. 

Love, Geo. Scott, 

Archer, Horsey, 

Gilpin, Chaille, 

Ewing, Bishop, 

D. Smith, Mitchell. 

On motion of Mr. Bayly, the question was put, That (he follow- 
ing be inserted as an article in the form of government; "That 
militia companies choose their own officers, and battalions their 
field officers ; That justices of the peace, clerks of the counties, and 
surveyors, be chosen by the people who are qualified to vote for 
representatives of each county annually ?" Cariied in the negative. 
On motion of Mr. S. Chase, the question was put. That the fol- 
lowing be inserted as an article in the form of government ; That 
every person who shall offer to vote for delgates, or for the senate, 
or for the sheriff, shall (if required by any three persons qualified to 
vote) before he be admitted to poll, take such oath or affirmation of 
support and fidelity to this state, as this convention or the legisla- 
ture shall direct?" Resolved in the affirmative. 

On motion of Mr S. Chase, the question was put. That the fol- 
lowing be inserted as an article in the form of government ; "That 
a justice of the peace may be eligible as a senator, delegate, or 
member of the council, and may continue to act as a justice of the 
peace ? Resolved in the affirmative. 

AFFIRMATIVE. 



Mr. Barnes, 
Fenwick, 
Dent, 
Parnham, 
Grahame, 
Bowie, 
B. Hall, 
Sprigg, 
Marbury, 
J. Hall, 



Mr. Carroll, 

J. Wilson, 

Edelen, 

Beall, 

Stull, 

.T, Smith, 

Love, 

Gilpin, 

Earle, 

T. Smyth, 



Mr. 



BrafT, 

S, Wright, 

Gibson, 

Mason, 

Dickinson, 

Johnson, 

Gust. Scott, 

Geo. Scott, 

Horsey, 

Chaille. 



338 



PROCEEDINGS OF THE CONVENTION 



[177e. 



IMr. S. Chase, Mr. T. Wright, Mr. Bishop, 

Paca, Kent, Mitchell. 

NEGATIVE. 

Mr. B. Mackall, Mr. Fischer, Mr. Bond, 

Fitzhugh, Schriver, Archer, 

J. Mackall, Ridgely, Ewing, 

Hammond, Deye, D. Smith, 

Bayly, Stevenson, Brevard, 

Williams, J. T. Chase, Edmondson. 

On motion of Mr. Bruff, the question was put, That the words 

"officers of the militia" in the 43d article of the form of government 

be struck out ? Carried in the negfative. 



Mr. Fitzhugh, 
J. Mackall, 
Hammond, 
J.Wilson, 
Williams, 
Fischer, 
Schriver, 
Ridgely, 



AFFIRMATIVE. 

Mr. Deye, 

Stevenson, 

Bond, 

Archer, 

Ewing, 

D. Smith, 

Brevard, 



Mr. T. Wright, 
Kent, 
Bruff, 
S. Wright, 
Gibson, 
ChaiUe, 
Bishop. 



Mr. 



NEGATIVE. 

Paca, 

Carroll, 

Edelen, 

Beall, 

Stull, 

J. Smith, 

J. T. Chase, 

Gilpin, 

Earle, 



Mr. T. Smyth, 
Edmondson, 
Mason, 
Dickinson, 
Johnson, 
Gust. Scott, 
Geo. Scott, 
Horsey, 
Mitchell. 



Mr. Barnes, 

Fenvvick, 

Dent, 

Parnham, 

B. Mackall, 

Grahame, 

B. Hall, 

Sprigg, 

Marbury, 

S. Chase, 
On motion of Mr. Bond, Resolved, That the following be inserted 
as an article in the form of government; "That all civil officers 
hereafter to be appointed for the several counties of this state, shall 
have been residents of the county respectively for which they shall 
be appointed six months next before their appointment, and shall 
continue residents of their county respectively during their contin- 
uance in office." 

On motion of Mr. S. Chase, the question was put, That the fol- 
lowing be inserted as an article in the form of government ; "That 



1776.] OF THE PROVINCE OF MARYLAND. 3?^ 

no field officer of the militia shall be eligible as a senator, delegate, 
or member of the council.''" Resolved in the affirmative. 

AFFIRMATIVE. 



Mr. Fitzhugh, 
J. Mackall, 
Marbury, 
S. Chase, 
Williams, 
Fischer, 
Edelen, 
Schriver, 
Beall, 



Mr 



Mr. Ridgely, 
Deye, 
Stevenson, 
Bond, 
Love, 
Archer, 
Ewing, 
D. Smith, 
Brevard, 

NEGATIVE. 
Mr. Faca, 
Carroll, 
J. Wilson, 
Stull, 
J. Smith, 
J. T. Chase, 
Gilpin, 
Earle, 



Mr- 



T. Wright, 

Br.jfi 

S. ''^'right, 
Edmondson, 
Gibson, 
Gust. Scott, 
Horsey. 



Mr. 



T. Smith, 

Mason, 

Dickinson, 

Johnson, 

Geo. Scott, 

Chaille, 

Bishop, 

Mitchell. 



Barnes, 
Fenwick, 
Dent, 
Parnham, 
B. Mackall, 
Grahame, 
B. Hall, 
Sprigg, 
Hammond, 
Convention adjourns fill to-morrow morning, 9 o'clock. 

WEDNESDAY, November 6, 1776. 

Convention met. All members present as on yesterday. The pro- 
ceedings of yesterday were read. 

On motion. Ordered, That the memorial of captain William 
Stone be taken into consideration on Saturday next, that summonses 
issue for his witnesses, and that he be allowed council if he shall 
think proper. 

In progression on reading the form of government on motion of 
Mr. S. Chase, the question was put, That the words, "every sena- 
tor, delegate of assembly," be inserted in the first line of the 46th 
article, after the word "governor?" Carried in the negative. 

AFFIRMATIVE. 

Plater, Mr. Williams, Mr. 

Fitzhugh, Fischer, 

J. Mackall, Edelen, 

Hammond, Schriver, 

JWorthington, Beall, 



Mr 



Bond, 

Archer, 

Ewing, 

Earle, 

T. Wright, 



340 PROCEEDINGS OF THE CONVENTION [1776. 



Mr. S. Chase, 


Mr. 


, Ridgely, 


Mr. 


S. Wright, 


J. Wilson, 




Deye, 




Edtnondson. 


Bayly, 




Stevenson, 
NEGATIVE. 






Mr. Barnes, 


Mr. 


, Carroll, 


Mr. 


Gibson, 


Fenwick, 




Stull, 




Mason, 


Dent, 




J. Smith, 




Dickinson, 


Parnham, 




J. T. Chase, 




Johnson, 


B. Mackall, 




Love, 




Gus. Scott, 


Grahame, 




Gilpin, 


~ 


Geo. Scott, 


Bowie, 




D. Smith, 




Horsey, 


B. Hall, 




Brevard, 




Chaille, 


Spring, 




T. Smyth, 




Bishop, 


Marbury, 




Kent, 




Mitchell. 


Paca, 










On motion of Mi 


r. S. Wright, the question was put, That the 


words " and every jc 


idge and justice" be insertec 


I in the said article 


between the word " 


coun( 


cil" and the word 


" before ?" Resolved 


in the affirmative. 












AFFIRMATIVE. 






Mr. Barnes, 


Mr 


, Williams, 


Mr. 


Ewing, 


Plater, 




Fischer, 




D. Smith, 


B. Mackall, 


- 


Edelen, 




Brevard, 


Fitzhugh, 




Schriver, 




Earle, 


J. Mackall, 




Beall, 




T. Smyth, 


Hammond, 




Ridgely, 




T. Wright, 


Worthington, 




Deye, 




S. Wright, 


S. Chase, 




Stevenson, 




Edmondson, 


J. Wilson, 




Bond, 




Gibson. 


Bayly, 




Archer, 
NEGATIVE. 






Mr. Dent, 


Mr. 


, Carroll, 


Mr. 


Dickinson, 


Parnham, 




Stull, 




.Tohnson, 


Grahame, 




J. Smith, 




Gust. Scott, 


Bowie, 




J. T. Chase, 




Geo. Scott, 


B. Hall, 




Love, 




Horsey, 


Sprigg, 




Gilpin, 




Chaille, 


Marbury, 




Kent, 




Bishop, 


Paca, 




Mason, 




Mitchell. 



On motion of Mr. Fitzhugh, That the following be inserted as 
an article in the form of government ; " That lawyers' fees ought 



me.] 



OF THE PROVINCE OF MARYLAND. 



341 



to be ascertained and limited by law." The previous question was 
called for by Mr. Parnham, and put, Whether tlie above question 
be now put? Carried in the negative. 

AFFIRMATIVE. 



Mr. B. Mackall, 
Fitzhugh, 
J. Mackall, 
Hammond, 
Bayly, 
Williams, 



Mr. Fischer, 
Schriver, 
Ridgely, 
Deye, 
Stevenson, 



Mr. Barnes, 
Fen wick, 
Plater, 
Dent, 
Parnham, 
Grahame, 
Bowie, 
B. Hall, 
Sprigg, 
Marbury, 
Worthington, 
S. Chase, 
Paca, 
Adourned till 3 o'clock 



NEGATIVE. 
Mr. Carroll, 
J. Wilson, 
Edelen, 
Beall, 
Stull, 
J. Smith, 
J. T. Chase, 
Love, 
Gilpin, 
Ewing, 
• D. Smith, 
Brevard, 
Earle, 



Mr. Bond, 
Archer, 
Horsey, 
Chaille, 
Bishop. 



Mr. T. Smyth, 
T. Wright, 
Kent, 
Bruff, 
S. Wright, 
Edrnondson, 
Gibson, 
Mason, 
Dickinson, 
Johnson, 
Gust. Scott, 
Geo. Scottj 
MitchelK 



POST MERIDIEM. 

Convention met. Mr. Sheredine appeared in the house. 

On motion of Mr. S. Chase, Resolved, That the words "or ought 
to have" be struck out of the article. 

On motion of Mr. Johnson, the question was put, That instead 
of the oath prescribed by the 51st article, the following be inserted ; 
" I, A. B. do swear, that I do not hold myself bound in allegiance 
to the king of Great Britain, and that I will be faithful and bear 
true allegiance to the state of Maryland?" Resolved in the af- 
firmative. 

AFFIRMATIVE. 



Mr. Barnes, 
Fenwick, 
Plater, 
Fitzhugh, 
J. Mackall, 
Hammond, 



Mr. Sheredine, 
Schriver, 
Ridgely, 
Deye, 
Stevenson, 
Bond, 



Mr. Mason, 
Dickinson, 
Johnson, 
Gust. Scott, 
Geo. Scott, 
Horsey, 



342 PROCEEDINGS OF THE CONVENTION [1776. 

Mr. J. Hall, Mr. T. Smyth, Mr. Chaille, 
Worthiugton, T. Wright, Bishop, 

Carroll, Edmondson, Mitchell. 

Fischer, Gibson, 

NEGATIVE. 

Mr. Dent, Mr. Paca, Mr. Gilpin, 

Parnham, J. Wilson, Ewing, 

B. xMackall, Bayly, D. Smith, 

Grahame, Edelen, Brevard, 

Bowie, StuU, Earle, 

B. Hall, J. Smith, Kent, 

Sprigg, J. T. Chase, Bruff, 

Marbury, Love, S. Wright. 

S. Chase, Archer, 

On motion of Mr. S. Wright, Resolved, That the following be 
added to the 53d article of the form of government ; " Provided 
that nothing in this form of government which relates to the east- 
ern shore particularly shall at any time hereafter be altered, unless 
for the alteration and confirmation thereof at least two-thirds of 
the members of each branch of the general assembly shall concur." 
On motion of Mr. Gust. Scott, That the following be inserted as 
an article in the form of government; "That the electors of the 
senate immediately on their meeting, and before they proceed to 
the election of senators, take such oath of support and fidelity to 
this state, as this convention or the legislature shall direct, and also 
an oath " to elect without favor, affection, partiality, or prejudice, 
such persons for senators as they in their judgment and conscience 
believe best qualified for the office." An amendment was propos- 
ed by Mr. Bayly, to insert the words " or affirmation" after the 
words "such oath." On which amendment the question was put, 
and carried in the negative. 

AFFIRMATIVE. 
Mr. Fitzhugh, Mr. Stull, Mr. Ewing, 

J. Mackall, Ridgely, D. Smith, 

Hammond, Deye, Brevard, 

J. Wilson, Stevenson, Earle, 

Bayly, J. Smith, Kent, 

Fischer, Bond, S. Wright, 

Edelen, Love, Edmondson, 

Schriver, Archer, Gibson, 

Beall, Gilpin, Chaille. 



1776.] 



Mr 



OF THE PROVINCE OF MARYLAND, 
NEGATIVE. 



343 



Mr 



Marbury, 
J. Hall, 
Worthington, 
S. Chase, 
Carroll, 
Sheredine, 
J. T. Chase, 
T. Smylh, 
T. Wright, 



Barnes, 
Fen wick, 
Plater, 
Dent, 
Parnham, 
B. Mackal', 
Grahame, 
Bowie, 
B. Hall, 
.■ Sprigg, 

The question was then put on the article, and resolved in the af- 
firmative. 

The order of the day for taking into consideration the letter from 
the president of congress of the second of October last, was read 
and referred till Saturday nekt. 

Convention adjourns till to-morrow morning, 9 o'clock. 



Mr. Bruff, 
Mason, 
Dickinson, 
Johnson, 
Gust. Scott, 
Geo. Scott, 
Horsey, 
Bishop, 
Mitchell. 



THURSDAY, November 7, 1776. 



The 



Convention met. All members present as on yesterday. 
proceedings of yesterday were read. 

On the application of Mrs. Chamier for leave to visit her hus- 
band, now in general Howe's camp, Resolved, That Mr. President 
be requested to write to the honourable the president of the con- 
gress, to grant a passport for Mrs. Chamier to go to the American 
camp, with a recommendation to his execellency general Washing- 
ton to grant his permission for Mrs. Chamier to visit her husband, 
on giving her parole of honor not to say or do any thing to the in- 
jury of the United States, or any of them. . 

On motion of Mr. Dickinson, Resolved, That the sheriffs of Dor- 
chester and Caroline counties pay into the hands of the commission- 
ers named in the act of assembly entitled, "an act for the division 
of Dorchester and Queen Anne's counties, and for erecting a new 
one by the name of Caroline," or the major part of the said com- 
hiissioners, all money and tobacco which they have respectively re- 
ceived, or may or ought to receive, on or fur the two assessments 
already made by virtue of the said act, for building a court-house 
and prison in Caroline county, and the said commissioners, or the 
major part of them, are hereby empowered and. required to lend 
but all money which they shall so receive on interest, for the use of 
Caroline county aforesaid, on good and sufficient security. And 
the justices of Caroline county aforesaid, are hereby directed not 
44 



314 PROCEEDINGS OF THE CONVENTION [1776' 

to make any assessment on the taxable inhabitants of CaroliniS 
county aforesaid in this present year, by virtue of the said act. 

On motion of Mr. Johnson, Resolved, That the act of assem- 
bly entitled, " an act for the more effectual preservation of the 
breed of wild deer," passed in December session, 1773, be repeal- 
ed, and that no prosecution be hereafter liad commenced for any 
breach committed of the said act, and that no prosecution already 
begun for any breach of the said act be further prosecuted. 
Mr. Turbut Wright has leave of absence. 

On motion of Mr. Johnson, Resolved, That all justices Of the 
peace and other officers, who were such of Frederick county, shall 
continue, and may exercise the same power and authority as if the 
resolutions of this convention for dividing Frederick county into 
three counties had not passed : and the justices of the county court 
of Frederick, to be held in the month of November in this present 
year, or by adjournment, shall have cognizance of, and may pro- 
ceed to hear and determine, all causes, matters, and things, crimi- 
nal and civil, although the same have arisen or shall arise in Wash- 
ington or Montgomery county, in the same manner, and as fully, as 
the same court might or could have done if the said resolutions had 
never been made ; and the justices aforesaid may appoint consta- 
bles and overseers of the high-ways, as well in the said counties of 
Washington and Montgomery, as in Frederick county. 

That the county court for each of the said counties of Washing- 
ton and Montgomery shall be first held, as for separate and distinct 
counties, in the month of March next, and where any defendant 
against whom any original writ or process shall, after the first day 
of December next, issue, resides in Washington or Montgomery 
county, the writ or process shall issue out of Frederick county 
court, directed to the sheriflTof the county where the defendant re- 
sides, if such county shall then have a sheriflf qualified to act in 
that county separately, and if not, to the sheriff of Frederick coun- 
ty, and shall be returnable and returned to the next March couit to 
be held for the county where the defendant resides. 

That the justices of Frederick county court aforesaid, may at 
their November court aforesaid, assess and levy on the taxable in* 
habitants of Washington and Montgomery counties, separately 
and respectively, such money or tobacco as the justices of the 
same counties might respectively have assessed at their November 
courts in this year, had the same been held. 

On motion of Mr. Johnson, the question was put. That no poll 
be taken to fix or ascertain the place for building a court-house 
and prison in Montgomery county, until the expiration of twenty 



1776.] 



OF THE PROVINCE OF MARYLAND. 



345 



days at least after the first meeting of the general assembly.' Re- 
solved in the affirmative. 



Mr. Barnes, 
Fenwick, 
Dent, 
Grahame, 
J. HalL 
Worthington, 
S. Chase, 
Paca, 
CarioJI, 
Fischer, 
Edelen, 



AFFIRMATIVE. 

Mr. Beall, Mr. S. Wright, 



Mr. Parnham, 
Fitzhugh, 
J. Mackall, 
Bowie, 

Sprigg, 



Stull, Edmondson, 

J. T. Chase, Gibson, 

Archer, Mason, 

Gilpin, Dickinson, 

Ewing, Johnson, 

D. Smith, Geo. Scott, 

Earle, Horsey, 

T. Smyth, Chaiile, 

Kent, Bishop, 

Bruff, Mitchell. 

NEGATIVE. 

Mr. Marbury, Mr. Ridgely, 

Hammond, Deye, 

J. Wilson, J. Smith, 

Bayly, Bond, 

Williams, Brevard. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 
Convention met. 

On reading and considering the petition of Thomas Wilson of 
the city of Annapolis, praying a remission of the fine set upon him 
by the committee of observation for Anne Arundel county. Resolv- 
ed, That the same be granted. 

In progression on reading the form of Government, on motion 
of Mr. S. Chase, the question was put, That all that part of the 56th 
article which follows in these words be struck out; "and for filling 
in the first instance only all the offices in the disposition of the 
governor with the advice of the council, the house of delegates 
may also propose to the senate a list of all officers in the appoint- 
ment of the governor with the advice of the council, and on the 
senate concurring therein, or in .the recommendation of any of the 
persons therein mentioned, such persons so recommended shall be 
commissioned by the governor; but if the senate shall not concur 
in the recommendation of any of the persons proposed as aforesaid, 
then shall a joint ballot of both houses be taken in manner afore- 
said, for persons to be recommended for such offices, and the per- 
sons in whose favor such ballot shall pass shall be commissioned as 
aforesaid.'' Carried in the negative. 



346 



Mr. 



Bnrnes, 
Plater, 
B. Hall, 
Marbury, 
S. Chase, 
Paca, 



PROCEEDINGS OF THE CONVENTION 

AFFIRMATIVE. 

Mr 



[1776. 



Mr. Carroll, 
J. Smith, 
J. T. Chase, 
Gilpin, 
D. Smith, 
Brevard, 



Earle, 

Kent, 

Dickinson, 

Johnson, 

Geo. Scott, 

Chaille. 



NEGATIVE. 



Mr 



Mr. 



Bayly, 

Williams, 

Fischer, 

Edelen, 

Schriver, 

Beall, 

Stull, 

Ridgely, 

Deye, 

Stevenson, 

Bond, 

Love, 



Mr. 



Fenwick, 
Dent, 
Parnham, 
B. Mackall, 
Grahame, 
S'itzhugh, 
J, Mackall, 
Bowie, 

Hammond, 
J. Hall, 
Worthington, 
J. Wilson, 
Convention adjourns till to-morrow morning, 9 o'clock. 



Archer, 

Evving, 

T. Smyth, 

Bruff, 

S. Wright, 

Edmondson, 

Gibson, 

Mason, 

Gust, Scott, 

Horsey, 

Bishop, 

Mitchell. 



FRIDAY, November 8, 1776. 

Convention met. All members present as on yesterday, except, 
Mr. T. Wright. The proceedings of yesterday were read. Mr. 
Hooe and Mr. Shepherd appeared in the house. 

Resolved, That the privates to be enlisted agreeable to the re- 
solve, of this convention, be by their voluntarily subscribing an en- 
gagement in the following words, that is to say, " We whose names 
are hereto subscribed, do voluntarily enlist ourselves soldiers to 
serve as such during the present war between Great Britain and 
America, unless sooner discharged by order of the congress; here- 
by subjecting ourselves to such rules and regulations as are or shall 
be made by the congress, for regulating and governing the forces 
in the pay of the United States" — And that the recruiting Serjeants 
who are or shall be appointed in each county by the council of 
safety, after they have enlisted ten men, shall report the same to 
such proper and fit person or persons appointed by the council of 
safety in the counties where the said recruiting Serjeants may re- 
side, who shall muster and pass the said men, and the said recruit- 
ing Serjeants sliiill immediately return two copies of his muster roll. 



1776.] OF THE PROVINCE OF MARYLAND. 3^7 

certified by the said person or persons, to tlie cf)uncil of safety or 
executive power. 

That the commissioned officers receive the pay and rations es- 
tablished by the congress from the date of their commissions, and 
that the non-commissioned officers receive their pay and rations 
from their appointment, and until their appointment, to receive 
their pay and rations as privates from the time of their enhstment. 

That the recruiting Serjeants shall be allowed twenty shillings 
common money for every man that shall be certified in the muster 
roll as effective ; and shall also be allowed fifteen pence per day 
cominon money, in lieu of rations, for each effective man that he 
shall enlist, and shall pass as aforesaid. 

Mr. Earle brings in and delivers to Mr. President a report from 
the committee appointed to prepare instructions for recruiting ser- 
jjearnts, which was read, considered, and agreed to as follows : 

Instructions for enlisting men for the service of the United States 
of America, agreeable to the resolve of tlue conventLon of the state 
of Maryland. 

1. You are not to enlist any man who is not able bodied, healthy 
and active. Hearty robust young men, who are connected by birth 
or family to the American states, are to be preferred. 

2. You will have great regard to moral character, sobriety in 
particular. 

3. You are not to enlist any imported servant or apprentice with- 
out the leave of the master or mistress. 

4. You will use all diligence in enlisting men, and when you 
have enlisted ten men, you are to report to some one or more of 
the persons appointed in your county to inspect the men you do 
enlist, who will reject such as do not answer to your instructions. 

5. You shall be allowed twenty shillings common money for 
every man you enlist, who shall be passed on insjiection as effec-. 
tive, in lieu of pay and expenses, besides fifteen pence common 
money per day, in lieu of rations, for every man who shall be so 
passed, until they are received from you by order of this state. 

On motion of Mr. Earle, the following resolution was made : 
Whereas, the time limited by this convention for the receipts and 
inspection of tobacco is nearly expired : Resolved, That the reso- 
lution of this convention of the 6th of September last, relative to 
the inspection of tobacco, shall continue in force, and the inspec- 
tors shall continue to exercise all the powers thereby given, until 
the general assembly of this state shall otherwise provide. 

Mr. Gustavus Scott and Mr. George Scott have leave of absence 
on account of particular private business. Mr. Gibson, Mr. Earle, 
and Mr. D. Smith, have leave of absence on account of sickness. 



348 



PROCEEDINGS OF THE CONVENTION 



[1776. 



Resolved, That nine persons, five of whom to be on the western 
and four on the eastern shore, be elected by ballot a council of safe- 
ty, and be and continue such until the general assembly shall make 
further order (herein, and until that time, they or any four or more 
of them, having taken the oath prescribed by the December con- 
vention, shall have and exercise the like and same powers as the 
present council of safety bad or might exercise under the resolu- 
tions of the several conventions heretofore held for this colony j 
and that the said council may convene the general assembly before 
the tenth day of February next, if in their judgment it shall be ne- 
cessary. 

On reading the resolution for the appointment of a council of 
safety, it was proposed by Mr. Fitzhugh, that the words "^by ballot*^* 
be struck out, and "viva voce" inserted, on which the question was, 
put, and carried iij the negative. 

AFFIRMATIVE. 

Mr. Fenwick, Mr. Worthington, Mr. Stull, 

B. Mackall, J. Wilson, Ridgely, 

Fitzhugh, Bayly, ©eye, 

J. Mackall, Williams, Stevenson, 

Bowie, Sheredine, Shepherd, 

Marbury, Edelen, D. Smith, 

Hammond, Beall, Gibson. 

NEGATIVE. 

Mr. Barnes, Mr. J. Smith, Mr. S. Wright, 

Plater, 1. T. Chase, Edmondson, 

Hooe, Love, Mason, 

Dent, , Archer, Dickinson, 

B. Hall, Gilphin, Johnson, 

Sprigg, Ewing, Gust. Scott, 

J. Hall, Brevard, Geo. Scott, 

S. Chase, T. Smyth, Horsey, 

Carroll, Kent, Bishop, 

Fischer, Bruff, Mitchell. 

On motion. Resolved, That the electors of the senate shall be en- 
titled to the same itinerant charges and per diem allowance as 
members of convention. 

On motion of Mr. S. Chxise, the question was, put, That the fol- 
lowing be inserted as an article in the form of government ; "That 
i^o person who refused (unless from religious principles) and did 
npl^ subscribe the association on or before the fourth day of July 



177&.] 



OF tHE PROVINCE OF MARYLAND. 



349 



last, shall at any time hereafter be qualified to hold any office of 
profit or trust in this state, unless by act of the general assembly ?'* 
Carried in the negative. 

AFFIRMATIVE. 



Mr. BarheS, 
Hooe, 
Dent, 
Parnham) 
Bowie, 
B. Hall, 
Sprigg, 



Mr. Marbury, 
J. Hall, 
Worthington, 
S. Chase, 
Bayly, 
Sheredine, 
Edelen, 



Mr. Beall, 
Stull, 

J. T. Chase, 
Gilpin, 
D. Smith, 
Kent. 



NEGATIVE. 

Mr. Fenvvick, Mr. Deye, Mr. Gibson, 

Plater, Stevenson, Mason, 

Fitzhugh, Shepherd, Dickinson, 

J. Mackall, Bond, Johnson, 

J. Wilson, Love, Gust. Scott, 

Williams, Archer, Geo. Scott, 

Fischer, Brevard, Horsey, 

Schriver, T. Smyth, Bishop, 

Ridgely, S. Wright, Mitchell. 

The convention having gone through the form of government 

paragraph by paragraph, and made several additions and amend- 
ments, the same was agreed to as follows i 

The constitution and form of government, agreed to by the 
delegates of maryland in free and full convention as- 
SEMBLED. 

1. That the legislature consist of two distinct branches, a sen- 
ate, and a house of delegates, which shall be styled the General As- 
sembly of Maryland. 

2. That the house of delegates shall be chosen in the follow- 
ing manner: All freemen, above twenty-one years of age, having a 
freehold of fifty acres of land in the county in which (hey offer to 
vote, and residing therein, and all freemen, having property in this 
slate above the value of thirty pounds current money, and having 
resided in the county in which they offer to vote one whole year 
next preceding the election, shall have a right of suffrage in the 
election of delegates for such county ; and all freemen so qualified 
shall, on the first Monday of October, seventeen hundred and seven* 
ty-seven, and on the same day in every year thereafter, assemble in 
the counties in which they are respectively qualified to vote, at the 



350 PROCEEDINGS OF THE CONVENTION [ITtG. 

cnnrt house in the said counties, or at such other place as the le- 
gislature shall direct ; and when assembled, they shall proceed to 
elect, viva voce, four delegates for their respective counties, of the 
most wise, sensible, and discreet of the people, residents in the 
county where they are to be chosen one whole year next preced- 
ing the election, above twenty-one years of age, and having in the 
state real or personal property above the value of iive hundred 
pounds current money ; and upon the final casting of the polls, the 
four persons who shall appear to have the greatest number of legal 
votes, shall be declared and returned duly elected for their respec- 
tive county. 

3. That the sheriff of each county, or in case of sickness, his 
deputy, (summoning two justices of the county, who are required 
to attend for the preservation of the peace) shall be judge of the 
election, and may adjourn from day to day, if necessary, till the 
same be finished, so that the whole election shall be concluded in 
four days ; and shall make his return thereof, under his hand, to 
ihe chancellor of this state for the time being. 

4. That all persons, qualified by the charter of the city of An- 
napolis to vote for burgesses, shall, on the same first Monday of 
October, seventeen hundred and seventy-seven, and on the same 
day in every year for ever thereafter, elect viva voce, by a majority 
of votes, two delegates, qualified agreeable to the said charter; 
that the mayor, recorder, and aldermen, of the said city, or any 
three of them, be judges of the election, appoint the place in the 
said city for holding the same, and may adjourn from day to day as 
aforesaid, and shall make return thereof as aforesaid: but the in- 
habitants of the said city shall not be entitled to vote for delegates 
for Anne Arundel county, unless they have a freehold of fifty acres 
of land in the county, distinct from they city. 

5. That all persons, inhabitants of Baltimore town, and having 
the same qualifications as electors in the county shall, on the same 
first Monday of October, seventeen hundred and seventy-seven, and 
on the same day in every year for ever thereafter, at such place in 
the said town as the judges shall appoint, elect viva voce, by a 
majority of votes, two delegates, qualified as aforesaid : but if the 
said inhabitants of the town shall so decrease, as that the number 
of persons having right of suffrag'^ therein shall have been for the 
ispace bf seven years successively less than one-half of the nurtiber 
of voters in some one county in this state, such town thencefor- 
ward shall cease to send two delegates or representatives to the 
house of delegates, until the said town shall have one-half of the 
number of voters in some one county in this state. 



1776.] OF THE PROVINCE OF MARYLAND. 35 1 

6. That the commissioners of the said town, or any three or 
more of them, for the time being, shall be judges of the said elec- 
tion, and may adjourn as aforesaid, and shall make return thereof 
as aforesaid; but the inhabitants of the said town shall not be en- 
titled to vote for or be elected delegates for Baltimore county, nei- 
ther shall the inhabitants of Baltimore county, out of the limits of 
Baltimore town, be entitled lo vote for or be elected delegates for 
the said town. 

7. That on refusal, death, disqualification, resignation, or re- 
moval out of this state, of any delegate, or on his becoming govern- 
or, or member of the council, a warrant of election shall issue by 
the speaker, for the election of another in his place, of which ten 
days notice at least, excluding the day of notice and the day of 
election, shall be given. 

8. That not less than a majority of the delegates, with their 
speaker, (to be chosen by them by ballot) constitute a house for 
the transacting any business, other than that of adjourning. 

9. That the house of delegates shall judge of the elections and 
qualifications of delegates. 

10. That the house of delegates may originate all money bills, 
propose bills to the senate or receive those offered by that body, 
and assent, dissent or propose amendments ; that they may enquire, 
on the oath of witnesses, into all complaints, grievances, and offen- 
ces, as the grand inquest of this state, and may commit any person for 
any crime to the public jail, thereto remain till he be discharged by 
due course of law ; they may expel any member for a great misde- 
meanor, but not a second time for the same cause ; they may ex* 
amine and pass all accounts of the state, relating either to the col- 
lection or expenditure of the revenuej or appoint auditors to state 
and adjust the same ; they may call for all public or official papers 
and records, and send for persons, whom they may judge necessa- 
ry, in the course of their enquiries, concerning affairs relating to 
the public interest, and may direct all office bonds (which shall be 
made payable to the state) to be sued for any breach of duty. 

11. That the senate may be at full and perfect liberty to exer- 
cise their judgment in passing laws, and that they may not be com- 
pelled by the house of delegates, either to reject a money bill which 
the emergency of affairs may require, or to assent to some other act 
of legislation, in their conscience and judgment injurious to the pub- 
lic welfare ; the house of delegates shall not on any occasion, or 
under any pretence, annex to, or blend with a money bill, any mat- 
ter, clause, or thing, not immediately relating to, and necessary for 
the imposing, assessing, levying or applying the taxes or supplies, 

4d 



852 PROCEEDINGS OF THE CONVENTION [ITTO. 

to be raised for the support of government, or the current expenses 
of the state: and to prevent altercaii'iti about such bills, it is declar- 
ed, tliat no bill uuposiutr (hiiies or customs for the mere rei/uialion 
of commerce, or inflicting fines for the reforuirition of morals, or to 
enforce ihe execution of tht: laws, by which an incidental revenue 
may arise, shall be accounted a money oill ; but every bill assess- 
ing, levying or applying taxes or supplies for the support of govern- 
ment, or the current expenses of the state, or appropriating money 
in the treasury, shall be deemed a nu)ney bill. 

12. That the house of delegates may punish, by imprisonment, 
any person who shall be guilty of a contemj)! in their view, by any 
disorderly or riotous behaviour, or by threats to, or abuse of, their 
members, or by any obstruction to their proceedings; they may 
also punish, by im|)risontnent, any person who shall be guilty of a 
breach of privilege, by arresting on civil process, or by assaulting 
any of their members, during their sitting, or on their way to or re- 
turn from the house of delegates, or by any assault of, or obstruction 
to their officers, in the execution of any order or process, or by as- 
eaulting or obstructing any witness, or any other person, attending 
on, or on their way to or from the house, or by rescuing any person 
committed by the house ; and the senate niay exercise the same 
power in similar cases. 

13. "That the treasurers (one for the western and another for the 
eastern shore) and the commissioners of the loan office may be ap- 
pointed by the house of delegates during their pleasure, and in 
case of refusal, death, resignations, disqualification, or removal out 
of the stale of any of the said commissioners or treasurers, in the 
recess of the general assembly, the governor, with the advice of the 
council, may appoint and commission a fit and proper person to 
such vacant office, to hold the same until the meeting of the next 
general assembly. 

14. " That the senate be chosen in the following manner: All 
persons, qualified as aforesaid to vote for county delegates, shall 
on the first Monday of September, 1781, and on the same day in 
every fifth year forever thereafter, elect viva voce, by a majority of 
votes, two persons for their respective counties, qualified as afore- 
said to be elected county delegates to be electors of the senate; and 
the sherifll" of each county, or in case of sickness his deputy, (sum- 
moning two justices of the county who are required to attend for 
the preservation of the peace) shall hold and be judge of the said 
election, and make return thereof as aforesaid : And all persons 
qualified as aforesaid to vote for delegates for the city of Annapolis 
and Baltimore town, shall o-n the same first Monday of September, 



1770. OF THE PROVINCE OF MARYLAND. 353 

1781, and on the same day in every fifth year forever thereafter, 
elect viva voce, by a tnnjniity of votes, one peison for tlie said city 
and town respectively, qualified as at'oresaid to be elected a dele- 
gate for the said city and town res|)ectively ; the said election to 
be held in the same manner as the election of delegates for the said 
city and town, the right to elect the said elector with respect to 
Baltinif)ie town to continue as long as the right to elect delegates 
for the said town. 

15. " That the said electors of the senate meet at the city of 
Annapolis, or such other place as shall be apijointed for convening 
the legislature, on the third Monday in September, 1781, and on the 
same day in every fifth year forever thereafter, and they, or any 
twenty-fijur of them so met, shall proceed to elect, by ballot, either 
out of their own body, or the people at large, fifteen senators, (nine 
of whom to be residents on the western, and six to be residents on 
the eastern shore) men of the most wisdom, experience and virtue 
above twenty-five years of age, residents of the state above three 
whole years next preceding the election, and having therein real 
and personal property above the value of one thousand pounds 
current money. 

16. " That the senators shall balloted for at one and the same 
time, and out of the gentlemen, resident of the western shore, who 
shall be proposed as senators, the tiine who shall on striking the 
ballots appear to have the greatest numbeis in their favour, shall 
be accordingly declared and returned duly elected; and out of the 
gentlemen, resident of the eastern shore, who shall be i)rop()sed 
as senators, the six who shall, on striking the ballots, appear to have 
the greatest numbers in their favour, shall be accordingly declared 
and returned duly elected; and if two or more, oti the same shore, 
shall have an equal number of ballots in their favour, by which tho 
choice shall not be determined on the first ballot, thoti the electors 
shall again ballot before they separate, in which they shall be confin- 
ed to the persons, who on the first balhjt shall have had an equal 
number; and they who shall have the greatest number in their favor 
on the second ballot shall be accordingly declared and returned duly 
elected, and if the whole number should not thus be made up be- 
cause of an equal number on the second ballot still being in favour 
of two or more persons, then the election shall be determined by 
lot, between those who have equal numbrrs ; which proceedings of 
the electors shall be certified undei their hands and returned to the 
chancellor for the time being. 

17. " That the electors of senators shall judge of the qualifica- 
tions ai}d elections of members of their body, and on a contested 



354 PROCEEDINGS OF THE CONVENTION [1776. 

election, shall admit to a seat, as an elector, such qualified person 
as shall appear to them to have the greatest nmnber of legal votes 
in his favour. 

18. " That the electors immediately on their meeting, and be- 
fore they proceed to the election of senators, take such oath of 
support and fidelity to this state, as this convention or the legisla- 
ture shall direct, and also an oath "to elect without favour, alfec- 
tion, partiality, or prejudice, such persons for senators as they in 
their judgment and conscience, believe best qualified for the oflice." 

19. " That in case of refusal, death resignation, disqualification 
or removal out of the state, of any senator, or on his becoming 
governor, or a member of the council, the senate shall immediately 
thereupon or at their next meeting thereafter, elect by ballot, in the 
same manner as the electors are above directed to choose senators, 
another person in his place, for the residue of the said term of five 
years. 

20. "That not less than a majority of the senate, with their pre- 
sident, (to be chosen by them by ballot) shall constitute a house 
for the transacting any business, other than tliat of adjourning. 

21. "That the senate shall judge of the elections and qualifica- 
tion of senators. 

22. " That the senate may originate any other, except money bills 
to which (heir assent or dissent only shall be given, and may re- 
ceive any other bills from the house of delegates, and assent, dis- 
sent or propose amendments. 

2-J. " That the general assembly meet annually on the first Mon- 
day of November; and if necessary, oftener. 

21. " That each house shall appoint its own officers, and settle 
its own rules of proceeding. 

25. " That a person of wisdom, experience, and virtue, shall be 
chosen governor on the second Monday of November, seventeen 
hundred and seventy-seven, and on the second Monday in every 
year for ever thereafter, by the joint ballot of both houses, to be 
taken in each house respectively, deposited in a conference room, 
the boxes to be examined by a joint committee of both houses, 
and the numbers severally reported, that the appointn)ent may be 
entered; which mode of taking the joint ballot of both houses 
shall be a('o.)ted in all cases. But if two or more shall have an 
equal number of ballots in their favour, by which the choice shall 
not be determined on the first ballot, then a second ballot shall be 
taken, which shall be confined to the persons, who on the first 
ballot shall have had an equal number; and if the ballots should 
again be equal between two or more persons, then the election of 



1776.] OF THE PROVINCE OF MARYLAND. 355 

the governor shall he dftPimiiied by lot, between those who have 
equal niitnhers; and if the perso 1 chosen orovernor shall die, re- 
sign, remove out of the state, or refuse to act (siltinir the general 
assembly) the senate and h()use of delegates shall immediately 
thereupon proceed to a new choice in manner aforesaid. 

2(). "That the senators and delegates, on the second Tues- 
day of November, seventeen hundred and seventy-seven, and an- 
nually on the second Tuesday of November, forever thereafter, elect 
by joint bjillot in the same manner as senators are directed to be 
chosen, five of the most sensible, discieet and e.vperienced men, 
above twenty-five years of age, residents in the state above three 
years next preceding the election, and having therein a freehold in 
lands and tenements, above the value of one thousand pounds 
current money, to be the council to the governor, whose proceed- 
ings shall be always entered on record, to any part whereof any 
member may enter his dissent, and their advice, if so required by 
the governor, or any member of the council, shall be given in wri- 
ting, and signed by the members giving the same respectively; 
which proceedings of the council shall be laid before the senate, or 
house of delegates, when called for by them, or either of them. 
The council may appoint their own clerk, who shall take such oath 
of support and fidelity to this state as this convention or the legis- 
lature shall direct, and of secrecy, in such matters as he shall be 
directed by the board to keep secret. 

27. That the delegates to congress from this state shall be 
chosen annually or superceded in the mean time by the joint ballot 
of both houses of assembly, and that there be a rotation in such 
manner that at least two of the number be annually changed, and 
no person shall be capable of being a delegate to congress for more 
than three in any term of six years ; and no person who holds any 
office of profit in the gift of congress shall be eligible to sit in con- 
gress, but if appointed to any such office his seat shall be thereby 
vacated : That no person unless above twenty-five years of age, 
and a resident in this state more than five years next preceding the 
election, and having real and personal estate in this state above the 
value of one thousand pounds current money, shall be eligible to 
sit in congress. 

2S. " That the senators and delegates, immediately on their an- 
nual meeting, and before they proceed to any business, and every 
person hereafter elected a senator, or delegate, before he acts as 
such, shall take an oath of support and fidelity to this state as 
aforesaid, and before the election of the governor, or members of 
the council shall take an oath "to elect without favour, affection, 



356 PROCEEDINGS OF THE CONVENTION [177«. 

partiality or pvpjiidice, such person, as governor, or member of 
the council, as they, in their judgment and conscience, believe best 
qualified for the office. " 

29. " That the senate and delegates may adjourn themselves re- 
spectively ; hut if the two houses should not agree on the same 
time, but adjourn to different days, then shall the governor appoint 
and notify one of those days or some day between, and the assem- 
bly shall then meet and be held accordingly, and he shall, if neces- 
sary, by advice of the council call tliem before the time to which 
they shall in any manner be adjourned, on giving not less ihan ten 
days notice thereof, but the governor shall not adjourn the assembly 
otherwise than as aforesaid, nor prorogue or dissolve it at any time. 

30. " That no person unless above twenty-five jears of a^e, a 
resident in this state above five years nexl preceding the election, 
and having in the state real and personal property above the value 
of five thousand pounds current money, one thousand pounds 
whereof at least to be of freeehold estate, shall be eligible as gov- 
ernor. 

31. " That the governor shall not continue in that ofllice longer 
than three years successively, nor be eligible as governor until 
the expiration of four years after he shall have been out of that 
office. 

3'2. "That upon the death, resignation, or removal out of this 
state of the governor, the first named of the council for the time 
being shall act as governor, and qualify in the same maiintr, an( 
shall immediately call a meeting o(" the general assembly, giving nc 
less than fourteen days notice of the meeting, at which meeting , 
governor shall be appointed in manner aforesaid, for the residue o 
the year. 

33. " That the governor, by and with the advice and consent 
of the council, may embody the militia, and when embodied, shall 
alone have the direction thereof, and shall also have the direction 
of all the regular land and sea forces under the laws of this state, but 
he shall not command in person unless advised thereto by the council, 
and then only so long as they shall approve thereof, and may alone 
exercise all other the executive poweis of government, where the 
concurrence of the council is not required, according to the laws 
of this state, and grant reprieves or pardons for any crime, except 
in such cases where the law shall otherwise direct ; and may, during 
the recess of the general assembly, lay embargoes to prevent the 
departure of any shij)ping, or the exportation of any commodities, 
for any time not exceeding thirty days in any one year, summon- 
ing the general assembly to meet within the time of the continu- 



1776.] OF THE PROVINCF OF MARYLAND. 357 

ance of such emhartjo, and may also order and compel any vessel 
to ride qiiarantiriR, if such vessel, or tlie port from which she shall 
hf vfr come, shall, on strong grounds be suspected to be infected 
with the plasfu^-; but the governor shall not, under any pretence, 
exercise any power or prerogative, by virtue of any law, statute, or 
custom of England or Great Britain. 

34. "That the members of the council, or any three or more of 
them, when convened, shall consiitnte a board for the transacting 
of business; that ihe governor for the time being shall preside in 
the couticil, and be entitled to a vote on all questions in which they 
shall be divided in opinion ; and in the absence of the governor the 
first named of the council shall preside, and as such shall also vote 
in all ca«es where the other members disagree in their o[)inion. 

35. "That in case of refusal, death, resignation, discpialificafion 
or removal out of the state, by any person chosen a member of the 
council, the members thereof, immediately thereupon, or at their 
next me°'in2 thereafter, shall elect by ballot, another person, quali- 
fied as aforesaid, in his place, for the residue of the year. 

36. "That the council shall have power to make the great seal 
of this state, which shall be kept by the chancellor for the time 
being, and affixed to all laws, commissions, grants, and other pub- 
lic testimonials, as has been heretofore practised in this state. 

37. "That no senator, delegate of the assembly, or tnember of the 
council, if he shall qualify as such, shall hold or execute any office 
of profit, or receive the profits of any office exercised by any other 
person, during the time for which he shall be elected ; nor shall 
any governor be capable of holding any other office of profit in this 
state while he acts as such ; and no person holding a place of pro- 
fit, or receiving any part of the profits thereof, or receiving the pro- 
fits or any part of the profits arising on any agency for the supply of 
clothing or provisions for the aimy or navy, or holding any office 
under the United States, or any of them, or a minister or preacher 
of the gospel, of any denomination, or any person employed in the 
regular land service, or marine, of this or the United States, shall 
have a seat in the general assembly or the council of this state. 

33. "That every governor, senator, delegate to congress or as- 
sembly, and member of the council, before he acts as such, shall 
take an oath, "That he will not receive directly or indirectly, at 
any time, any part of the profits of any office, held by any other 
person during his acting in his office of i/overnor, senator, delegate 
to congress or assembly, or member of the council, or the profits, 
or any part of the profits arising on any agency, for the supply of 
clothing or provisions for the army or navy." 



358 PROCEEDINGS OF THE CONVENTION [1776. 

39. "That if atiy senator, delegate to congress or assembly, or 
member of tlie council, sliali hold or execute any office of profit, 
or receive dnectly or indiieclly, at any time, the profits or any part 
of the profits ol any office exercised by any other person, during his 
acting as senator, delegate to congress or assembly, or member of 
the council, his seat, on conv iction in a court of law, by the oath of 
two credible witnesses, shall be void, and he shall suffer the punish- 
ment for wilful and corrupt peijuiy, or be banished this state 
forever, or disqualified forever from holding any office or place of 
trust or profit, as the court may adjudge. 

40. " That the chancellor, all judges, the attorney general, clerks 
of the general court, the clerks of the county courts, the register 
of the land-office, and the register of wills, shall hold their com- 
missions during good behavi(jur, removable only for misbehaviour, 
on conviction in a court of law. 

41. " That there be a register of wills appointed for each coun- 
ty, who shall be commissioned by the governor, on the joint re- 
commendation of the senate and house of delegates, and that upon 
the death, resign ,tion, disqualification, or removal out of the coun- 
ty, by any register of wills in the recess of the general assembly, 
the governor, with the advice of the council, may appoint and com- 
mission a fit and proper person to such vacant office, to hold the 
same until the meeting of the general assembly. 

42. That sheriflfs shall be elected in each county by ballot, every 
third year, that is to say, two persons for the office of sheriff for each 
county, the one of whom having the majority of votes, or if both 
hrive an equal number, either of them, at the discretion of the go^ 
veruor, to be commissioned by the governor for the said office ; and 
having served for three years, such person shall be ineligible for 
the four years next succeeding: bond with security to be taken 
every year as usual, and no sheriff shall be qualified to act before 
the same is given. In ca^e of death, refusal, resignation, disquali- 
fication, or removal out of the county, before the expiration of the 
three years, the other |)erson chosen as aforesaid, shall be commis- 
sioued by the governor to execute the said office lor the residue of 
the said three years; the said person giving bond with security as 
aforesaid, and in case of his death, refusal, resignation, disqualifi- 
cati >n, or removal out of the county, before the expiration of the 
said three years, the governor with the advice of the council, may 
nominate and commission a fit and proper person to execute the 
said office for such residue of the said three years; the said person 
giving bond and security as aforesaid ; the election shall be held at 
the same time and place appointed for the electiosj of delegates, and 



1776.] OF THE PROVINCE OF MARYLAND. 359 

the justices there summoned to attend for the preservation of the 
peace shall be judges thereof, and of the qualification of candidates, 
who shall appoint a clerk to take (he ballots: all freemen above 
the age of twenty-one years, having a freehold of fifty acres of 
land in the county in which they ofler to ballot, and residing there- 
in, and all freemen above the age of twenty-one years, and having 
property in the state above the value of thirty pounds current money, 
and having resided in the county in which they offer to ballot one 
whole year next preceding the election, shall have a right of suff'rage ; 
no person to be eligible to the office of sheriff" for a county but an in- 
habitant of the said county, above the age of twenty-one years, 
and having real and personal property in the state above the value 
of one thousand pounds current money; the justices aforesaid 
shall examine the ballots, and the two candidates properly qualified, 
having in each county the majority of legal ballots, shall be declared 
duly elected for the office of sheriff" for such county, and returned 
to the governor and council, with a certificate of the number of bal- 
lots for each of them. 

43. That every person who shall off'er to vote for delegates, or 
for the electors of the senate, or for the sheriff", shall (if required 
by any three persons qualified to vote) before he be admitted to 
poll, take such oath or affirmation of support and fidelity to this 
state as this convention or the legislature shall direct. 

44. That a justice of the peace may be eligible as a senator, dele- 
gate, or member of the council, and may continue to act as a jus- 
tice of the peace. 

45. That no field officer of the militia shall be eligible as a sen- 
ator, delegate, or member of the council. 

46. That all civil officers hereafter to be appointed for the seve- 
ral counties of this state shall have been residents of the county 
respectively for which they shall be appointed, six months next be- 
fore their appointment, and shall continue residents of their coun- 
ty respectively during their continuance in office. 

47. That the judges of the general court and justices of the 
county courts may appoint the clerks of their respective courts, 
and in case of refusal, death, resignation, disqualification, or re- 
moval out of the state, or from their respective shores, of the clerks of 
the general court, or either of them, in the vacation of the said court ; 
and in case of the refusal, death, resignation, disqualification, re- 
moval out of the county of any of the said county clerks in the va- 
cation of the county court of which he is clerk, the governor, with 
the advice of the council, may appoint and commission a fit and 
proper person to such vacant office respectively, to hold the same 

46 



360 PROCEEDINGS OF THE CONVENTION [1776. 

until the meeting of the next general court or county court, as the 
case may be. 

48. That the governor for the time being, with the advice and 
consent of the council, may appoint the chancellor, and all judges 
and justices, the attorney general, naval olficers, officers in the re- 
gular land and sea service, officers of the militia, registers of the 
land office, surveyors, and all other civil officers of government, 
(assessors, constables and overseers of the roads only excepted) 
and may also suspend or remove any civil officer who has not a com- 
mission during good behaviour, and may suspend any militia offi- 
cer for one month, and may also suspend or remove any regular 
officer in the land or sea service ; and the governor may remove or 
suspend any militia officer in puisuance of the judgment of a court 
martial. 

49. That all civil officers, of the appointment of the governor 
and council, who do not hold commissions during good behaviour, 
shall be appointed annually in the third week of November, but if 
any of them shall be re-appointed, they may continue to act with- 
out any new commission or qualification ; and every officer though 
not re-appointed shall continue to act until the person who shall be 
appointed and commissioned in his stead shall be qualified. 

50. That the governor, every member of the council, and every 
judge and justice, before they act as such, shall respectively take an 
oath, " that he will not, through favor, affection, or partiality, vote 
for any person to office, and that he will vote for such person as in 
his judgment and conscience he believes most fit and best qualified 
for the office, and that he has not made, nor will make any promise 
or engagements to give his vote or interest in favor of any person." 

51. That there be two registers of the land office, one upon the 
western, and one upon the eastern shore ; that short extracts of the 
grants and certificates of the land on the western and eastern shores 
respectively be made in separate books, at the public expense, and 
deposited in the offices of the said registers, in such manner as shall 
hereafter be provided by the general assembly. 

52. That every chancellor, judge, register of wills, commissioner 
of the loan office, attorney general, sheriff", treasurer, naval officer, 
register of the land office, register of the chancery court, and every 
clerk of the common law courts, surveyor, and auditor of public 
accounts, before he acts as such, shall take an oath " that he will 
not directly or indirectly receive any fee or reward for doing his 

office of but what is or shall be allov<'ed by law, nor will 

directly or indirectly receive the profits or any part of the profits of 



1T76.] OF THE PROVINCE OF MARYLAND. 361 

any office held by any other person, and that he does not hold the 
same office in trust or for the benefit of any other person." 

53. That if any governor, chancellor, judge, register of wills, 
attorney general, register of tiie land office, commissioner of the 
loan office, register of the chancery court, or any clerk of the com- 
mon law courts, treasurer, naval officer, sheriff, surveyor, or auditor 
of public accounts, shall receive directly or indirectly, at any time 
the profits or any part of the profits of any office, held by any other 
person, during his acting in the office to which he is appointed, his 
election, appointment and commission, on conviction in a court of 
law, by the oath of two credible witnesses, shall be void, and he 
shall suffer the punishment for wilful and corrupt perjury, or be 
banished this state forever, or disqualified forever, from holding any 
office or place of trust or profit, as the court may adjudge, 

54. "That if any person shall give any bribe, present, or reward, 
or any promise, or any security for the payment or delivery of any 
money, or any other thing, to obtain or procure a vote, to be go- 
vernor, senator, delegate to congress, or assembly, member of the 
council, or judge, or to be appointed to any of the said offices, or 
to any office of profit or trust, now created or hereafter to be cre- 
ated in this state, the person giving and the person receiving the 
same, on conviction in a court of law, shall be forever disqualified 
to hold any office of trust or profit in this state. 

55. " That every person appointed to any office of profit or trust 
shall, before he enters on the execution thereof, take the following 
oath, to wit, " I, A. B. do swear. That I do not hold myself bound 
in allegiance to the king of Great Britain, and that I will be faith- 
ful and bear true allegiance to the state of Maryland." And shall 
also subscribe a declaration of his belief in the christian religion. 

56. "That there be a court of appeals, composed of persons of 
integrity and sound judgment in the law, whose judgment shall be 
final and conclusive in all cases of appeal, from the general court, 
court of chancery, and court of admiralty : That one person of in- 
tegrity and sound judgment in the law, be appointed chancellor: 
That three persons of integrity and sound judgment in the law, be 
appointed judges of the court now called the provincial court ; and 
that the same court be hereafter called and known by the name of 
the general court ; which court shall sit on the western and eastern 
shores for transacting and determining the business of their respec- 
tive shores, at such times and places as the future legislature of 
this state shall direct and appoint. 

57. " That the style of all laws run thus, "Be it enacted by the 
general assembly of Maryland :" That all public commissions and 



36S PROCEEDINGS OF THE CONVENTIOli [line. 

grants run thus: "The State of Maryland, «fec." and shall be signed 
by the governor and attested by the chancellor with the seal of the 
state annexed : except military and militia commissions, which shall 
not be attested by llie chancellor or have the seal of the state 
annexed: That all writs shall run in the same style, and be tested, 
sealed, and signed as usual: That all indictments shall conclude: 
" Against the peace, government and dignify of the state." 

58. "That all penalties and forfeitures, heretofore going to the 
kino- or proprielary, shall go to the state, save only such as the gene- 
ral assembly may abolish or otherwise ])rovide for. 

59. " That this form of government, and the declaration of rights, 
and no part thereof, shall be ahered, changed or abolislied, unless a 
bill so to alter, change, or abolish the same, shall pass the general 
assembly and be published at least three months before a new election, 
and shall be confirmed by the general assembly affer anew elec- 
tion of delegafes, in the first session afler such new election; pro- 
vided that nothing in this form of government which relates to the 
eastern shore particularly shall at any time hereafter be altered, 
unless for the alteration and confirmation thereof at least two thirds 
of all the members of each branch of the general assembly shall 
concur. 

60. That every bill passed by the general assembly when engross- 
ed, shall be presented by the speaker of the house of delegates, in 
the senate, to the governor, for the time being, who shall sign the 
same, and thereto affix the great seal, in the presence of the mem- 
bers of both houses: every law shall be recorded in the general 
court office of the western shore, and in due time printed, publish- 
ed and certified under the great seal, to the several county courts, 
in the same manner as hath been heretofore used in this state. 

61. " That to introduce the new government, an election be held 
for the electors of the senate on Monday the twenty-fifth of Novem- 
ber in this present year, and that the electors of the senate meet at 
Annapolis on IMonday the ninth of December in this piesent year, 
and there choose senators, and that an election be held on Wednes- 
day the eighteenth of December for delegates to serve in general 
assembly, and for sheriflTs ; and that the said elections be made by 
such persons in the same manner and under the same qualifications 
as such elections are herein before directed to be made at the pe- 
riodical times before mentioned ; the returns of all which first elec- 
tions shall be made to the council of safety for the time being, and 
the general assembly shall meet at Annapolis on Monday the tenth 
of February next, and shall in their then session, or in such future 
session as they shall think proper, choose a governor and council 



1776.] OF THE PROVINCE OF MARYLAND. 363 

for the residue of tlm year in tlie manner before directed : and for fill- 
ing in the first instance only all the offices in the disposition of the 
governor, with the advice of the council; the house of delegates 
may also propose to the senate a list of all officers in the appoint- 
ment of the governor, with the advice of the council, and on the 
senate concurring tlierein, or in the recommendation of any of the 
persons therein mentioned, such persons so recommended shall be 
commissioned by the governor; but if the senate shall not concur 
in the recommendalion of any of the persons proposed as afore- 
said, then shall a joint ballot of both houses be taken in manner 
aforesaid for persons to be recommended for such offices, and the 
persons in whose favor such ballot shall pass shall be commission- 
ed as aforesaid." 

That the said elections for all the counties in this state, except 
Washington, Montgomery, Cecil, and Queen Anne's, be held at. 
the places of holding the county courts of those counties respec- 
tively. 

That the elections for Washington county be held at Hagar's- 
town. 

That the elections for Montgomery county be held at the house 
now occupied by Charles Hungerford. 

That the elections for Cecil county be held at the Head of Elk. 

And, That the elections for Queen Anne's county be held at 
Chester mill, where George Hanson now dwells. 

That Abraham Barnes, Hugh Hopewell, and Henry Tubman 
esquires, or any two or one of them, be judge of and hold the elec- 
tions for St. Mary's county. 

That George Dent, Samuel Hanson, and Warren Dent, esquires, 
or any two or one of them, be judge of and hold the elections for 
Charles county. 

That William Allnut, Samuel Chew, and Daniel Rawlings, esqs. 
or any two or one of them, be judge of and hold the elections for 
Calvert county. 

That William Beanes, Enoch Magruder, and Jeremiah Magruder 
esquires, or any two or one of them be judge of and hold the elec- 
tions for Prince George's county. 

That Joseph Galloway, Thomas Dorsey, and Thomas Walkins, 
esquires, or any two or one of them, be judge of and hold the 
elections for Anne Arundel county. 

That John Murdock, Zadock Magruder, and Joseph Wilson, 
esquires or any two or one of them, be judge of and hold the elec- 
tions for Montgomery county. 

That William Luckett, John Adhun, and Joseph Wells, esquire.s, 



364 PROCEEDINGS OF THE CONVENTION [1776. 

or any two or one of them, be judge of and hold the elections for 
Frederick county. 

That Joseph Smith, Noah Ilart, and Ely Williams, esquires, or 
any two or one of them, be judge of and hold the elections for 
Washington county. 

That Thomas Gist, sen., Edward Cockey, and Henry Stevenson, 
jun. esquires, or any two or one of them, be judge of and hold the 
elections for Baltimore county. 

That Amos Garret, Willam Webb, and Thomas Johnson, esqrs., 
or any two or one of them, be judge of and hold the elections for 
Harford county. 

That James Evans, Thomas May, John Stockton, esquires, or 
any two or one of them, be judge of and hold the elections for Cecil 
county. 

That John Page, William Rodgers, and William Bordley, esqrs. 
or any two or one of them, be judge of and hold the elections for 
Kent county. 

That Thomas Ringgold, Nathaniel Wright, and Samuel Thomp- 
son, esquires, or any two or one of them, be judge of and hold 
the elections for Queen Anne's county. 

That John Goldsborough, William Perry, and John Bracco, 
esquires, or any two or one of them, be judge of and hold the 
elections for Talbot county. 

That Henry Hooper, Q. S. Bartholomew Ennalls, and James 
Muir, esquires, or any two or one of them, be judge and of hold the 
elections for Dorchester county. 

That Henry Casson, Foster Goldsborough and John White, esqs. 
or any two or one of them, be judge of and hold the elections for 
Caroline county. 

That Thomas Hayward, Andrew Francis Cheney, and Thomas 
Bruff, esqrs., or any two or one of them, be judge of and hold the 
elections for Somerset county. 

That Joshua Mitchel, Benton Harris, and Robert Done, esquires, 
or any two or one of them be judge of and hold the elections foi 
Worcester county. 

That the mayor, recorder and aldermen the city of Annapolis, or 
any three or more of them, be judges of and hold the elections for 
the city of Annapolis. 

That John Merriman, jr. James Calhoun, and Benjamin Griffin, 
esquires, or any two or one of them, be judge of and hold the 
elections for Baltimore town. 

That a clerk or clerks be appointed by the said judges for taking 
the polls at the said elections. 



1776.] 



OF THE PROVINCE OF MARYLAND. 



365 



That every judge of the election, before he proceeds to take or 
receive any vote, shall take the following oath, or affirmation, to 
wit, "I, A. B. do swear, or affirm, that I will permit all persons to 
vote, who shall offer to poll at the elections now to be held for 
■ county, city, or town, who in my judg- 
ment shall, according to the directions contained in the form of 
government, be entitled to poll at the same election, and that 1 will 
not admit any person to poll at the same election, who before his 
voting shall be objected against by any three of the electors, if 
such person is not in my judgment qualified to vote as aforesaid, 
and will in all things execute the office of judge of the elections 
according to the best of my knowledge, without favour or partiality. 
Si help me God." 

That every clerk, before he enters any vote on the polls, shall take 
the following oath, to wit, "I, A. B. do declare that I will well and 
faithfully, without favour, affection, or partiality, execute the office 

of clerk of the elections for county, the city of Annapolis^ 

or Baltimore town, according to the best of my knowledge. 
So help me god." 

Adjourned till 3 o'clock. , 

POST MERIDIEM. 
Convention met. 

On motion of Mr. Ewing, That no person in this state who hath 
hitherto refused or neglected to sign the association, (unless from 
religious principles) shall ever be eligible to any office of profit or 
trust therein.^ The previous question was called for by Mr. Gust. 
Scott and put. Whether the above question be now put? Carried 
in the negative. 

AFFIRMATIVE. 

Mr. Barnes, Mr. J. Wilson, Mr. J. Smith, ' 

Dent, Worthington, J. T. Chase, 

B. Mackall, S. Chase, Archer, 

Bowie, Paca, Gilpin, 

B. Hall, Bayly, Ewing, 

Sprigg, Williams, D. Smith, 

Marbury, ' Edelen, Brevard, 

Hammond, Beall, Bruff. 

J. Hall, Stull, 

NEGATIVE. 

Mr. Fenwick, Mr. Deye, Mr. Dickinson, 

Plater, Stevenson, Johnson, 

Grahame, Bond, Gust. Scott, 

Fitzhugh, Love, Geo. Scott, 



366 PROCEEDINGS OF THE CONVENTION [1776. 

Mr. Fisher, Mr. S. Wright, Mr. Bishop, 

J. Mackall, T. Smyth, Horsey, 

Carroll, Kent, Chaille, 

Sheredine, Edmondson, Mitchell, 

Schriver, Gibson, Shepherd, 

Ridgely, Mason, 

Mr. President laid before the convention a letter from the hon- 
ourable John Hancock, esquire, president of congress, dated the 
fourth instant, and the resolutions of congress therein enclosed, 
dated the thirtieth day of October, all which were read, and after 
some time spent in considering the same, the further consideration 
thereof was postponed till to-morrow. 

Convention adjourns till to-morrow morning, 9 o'clock. 

SATURDAY, November 9, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Earle. The proceedings of yesterday were read. Mr. Feu- 
wick and Mr. Johnson have leave of absence. 

On motion of Mr. D. Smith, Resolved, That at the election for 
sheriff in Cecil county on Wednesday the ISth of December next, 
it shall be lawful for the voters to mention in their ballots the 
name of the place they choose for holding the county courts in the 
said county for the future ; and that the judges of said election 
shall count the number of ballots for each place that shall be voted 
for, and due return thereof make to the next general assembly of 
this state, for their further order therein. 

The order of the day for taking into consideration the memo- 
rial of captain William Stone, being read. Resolved, Tiiat a com- 
mittee be appointed to enquire into the truth of the facts (herein 
set forth; and Mr. S. Wright, Mr. J. T. Chase, and Mr. Grahame, 
were appointed a committee for that purpose. 

The convention took into consideration the report from the com- 
mittee appointed to prepare a scheme for the emission of bills 
of credit, to defray the expences of defending this state, and for 
other purposes therein mentioned, and came to the following re- 
solutions thereon. 

Resolved, That for the defence of this state, and for other pur- 
poses resolved upon in convention, bills of credit of the denomi- 
nation of dollars, and parts of a dollar, to the amount of five hun- 
dred and thirty-five thousand one hundred and eleven dollars and 
one ninth part of a dollar, be printed and struck with all conve- 
nient speed, under the care and direction of such persons as shall 
be appointed by the council of safety for that purpose, in manner 
and form following, to wit : 



inc.] OF THE PROVINCF OF MARYLAND. 367 

"This bill of shall entitle the bearer hereof to re- 
ceive gold or silver, at the rate of four shillings and six-pence ster- 
ling per dollar for the said bill, according to a resolve of the con- 
vention of Maryland, held at the city of Annapolis, the 14th day 
of August, 1776." 

That the said bills of credit be struck on the plates and printed 
with the devices and marks prepared for the last emission, and that 
the number and denomination of the said bills shall be the following 
and no other, to wit: sixteen thousand bills of eight dollars each, 
sixteen thousand bills of six dollars each, sixteen thousand bills of 
four dollars each, sixteen thousand bills of two dollars and two third 
parts of a dollar each, thirty-two thousand bills of two dollars each, 
thirty-two thousand bills of one dollar and one third part of a dol- 
lar each, thirty-two thousand bills of one dollar each, thirty-two 
thousand bills of two third parts of a dollar each, forty thousand 
bills of half a dollar each, forty thousand bills of one third part of 
a dollar each, forty thousand bills of one sixth part of a dollar each, 
and forty thousand bills of one ninth part of a dollar each. 

That the council of safety purchase and provide a sufficient quan- 
tity of proper paper, on which to print and strike the said bills of 
credit, and that the said council of safety do forthwith cause the 
said bills of credit to be printed and struck, under the direction of 
two discreet and sober freemen of this state, to be by them ap- 
pointed to that service, who shall be called supervisors. 

That the said supervisors shall use the best of their care and dili- 
gence that the said bills, according to their respective denomina- 
tions aforesaid, and according to the manner and form aforesaid, 
be forthwith printed and struck, and that the number of any of 
the denominations thereof be not exceeded, nor any clandesine or 
fraudulent practice be used by the printer, his apprentices, servants 
and others concerned in the printing or striking thereof. 

That the printer, and all his apprentices and servants whom 
he shall employ in the said work, before he or they enter upon the 
same, take before some justice of the peace, in the presence of 
one or both of the supervisors, the following oath, to wit: 

" 1, A. B, do swear, that I will truly, faithfully and honestly per- 
form the duty of printer of the bills of credit directed to be printed 
by a resolve of the convention of Maryland, held at the city of 
Annapolis the 14fh day of August, seventeen hundred and seventy 
six, and that I will not advisedly print or stamp a greater number of 
blank bills of credit than in that resolve mentioned, nor of any 
other denomination than therein expressed, except such sheets as 
47 



3G8 PROCEEDINGS OF THE CONVENTION im^- 

may be so blotted, unfair, or imperfect, in the printing or striking 
thereof, that the same shall be unfit for use. So help me God." 

That the said printer shall not by himself, his servants, or any 
other person by him employed, print, strike, stitch, or bind, the said 
bills, or any of them but in the presence of one or both of the said 
supervisors. And in every intermission of the work, the said 
"Supervisors shall safely and securely lockup the press and stamps 
with which the work shall be performed, and the impressions which 
shall then be made, in the room in which the printing and 
binding shall be done, and the keys of such room shall keep in 
their possession. And when all the said bills shall be printed and 
struck, the plate? shall be immediately delivered by the printer to 
the said supervisors, and by them to the convention, or in its re- 
cess to the council of safety. 

That Messieurs Nathan Hammond, Richard Tootell, John Brice, 
Thomas Brooke Hodgkin, John Duckett, Thomas Gassaway, Fred- 
erick Green, William Wilkins, Nicholas Harvvood, Saint George 
Peale, Richard Tilghman, (of Talbot county) William Perry, Sam- 
uel Sharp, Joseph BrufT, Samuel Edmondson, Alexander Irvine, 
Charles Edward Irvine, and Thomes Dawson, or any two of thenj 
be signers of the said bills. 

That the said supervisors, as soon as the said bills shall be print- 
ed, struck, stitched and bound, shall deliver three fourth parts 
thereof in value to the treasurer of the western shore, and the 
other fourth part thereof to the treasurer of the eastern shore; and 
the said treasurers shall deliver out to the signers residing on their 
respective shores such and so many of the said bills to be immedi- 
ately numbered and signed by them, as may be sufficient to answer 
any probable immediate demand on them for the same, not ex- 
ceeding twelve thousand dollars; aud each of the said bills shall 
be numbered and signed by some two of the said signers, and re- 
turned again after being numbered and signed, to the respective 
treasurers; and so from time to time shall the said bills be deliver- 
ed out, numbered, signed and returned to the said treasurers re- 
spectively, either of the said treasurers not keeping by him at any 
one time, ready numbered and signed, more than twelve thousand 
dollars. 

That the receipts of every delivery of the said bills, before and 
after the numbering and signing the same, be given by the signers 
and treasurers respectively, each to the other. 

That the treasurer of the western shore, out of the said bills of 
credit in his hands, pay to each of the supervisors two dollars and 
two third parts of a dollar for each days attendance and super- 
vising the said work, and to the printer so much as shall be agreed 



177«.] OF THE PROVINCE OF MARYLAND. 359 

by the council of safety for his services, and for the ink and other 
materials, except paper, necessary for the said work ; and the said 
treasurers shall also respectively pay to each signer of every thou- 
sand of the said bills one dollar and one third part of a dollar for 
his service. 

That the treasurer of the western shore shall have a yearly sala- 
ry of one thousand dollars, and the treasurer of the eastern shore 
tshall have a yearly salary of four hundred dollars, for their trouble 
and expences. 

That torn and defaced bills shall be exchanged at reasonable and 
convenient times. 

That the said bills of credit shall be redeemed and sunk on or 
before the first day of January one thousand seven hundred and 
eighty-six, by taxes or other legislative provision, and this conven- 
tion bind their constituents, and pledge the faith of the state, for 
the redemption of the said bills on or before the said first day of 
January, one thousand seven hundred and eighty-six. 

That one hundred and twenty thousand dollars of the said bills 
of credit, so to be printed and struck, shall be applied to ex- 
change the bills of credit printed and struck by virtue of the re- 
solve of the convention on the twenty-sixth day of July, in the year 
one thousand seven hundred and seventy-five, and the said treasu- 
rers shall, upon the application of any person or persons holding 
«ny number and value of the said bills of credit, deliver to such per- 
son or persons the like value in the new bills of credit in lieu 
thereof. 

That from and after the receipt of the bills of credit emitted "by 
this convention by the said treasurers respectively, all payments 
which they shall make by virtue of any resolve of convention, shall 
be made in the bills of credit emitted by this and the last conven- 
tion, and not in the bills of credit of the emission of July, one thou- 
sand seven hundred and seventy-five. 

That the said bills of credit, which shall be so as aforesaid print- 
ed and struck, over and above the said bills hereby directed to be 
applied to exchange the said former bills of credit, be applied to 
the several purposes resolved on in this and the last convention of 
this state, and that the treasurers pay the same to the orders of the 
convention, council of safety, or such persons as this convention 
shall direct and appoint. 

That the said treasurers, before they receive the said blank bills 
to be printed and struck by virtue of the resolves of this conven- 
tion, shall give bonds respectively, the treasurer of the western 
shore in the penalty of twelve thousand pounds sterling, payable to 



370 



PROCEEDINGS OF THE CONVENTION 



[1776, 



the honourable Daniel of Saint Thomas Jenifer, Charles Carroll, 
(barrister) Esqrs. ; and the treasurer of the eastern shore in the 
penalty of four thousand pounds sterling, payable to the honoura- 
ble Matthew Tilghman, Edward Lloyd, and James Lloyd Chamber- 
laine, Esqrs., with the like conditions as directed by the resolve of 
convention in July session, seventeen hundred and seventy-five ; 
both of which bonds shall be with sufficient sureties, to be approv- 
ed of by the obligees therein named, or any two of them respec- 
tively. 

On motion of Mr. Bowie the question was put, That a sum of 
money be provided at the public expence, for drummers and fifers, 
with drums, fifes, and colours ? Carried in the negative. 



AFFIRMATIVE. 
Mr. Hammond, 
Paca, 
Bayly, 

NEGATIVE. 

Mr, Williams, 

Fischer, 

Sheredine, 

Edelen, 

Schriver, 

Beall, 

Ridgely, 

Deye, 

Stevenson, 

Shepherd, 

J. Smith, 

Bond, 

Mitchell, 

Love, 

Archer, 

On motion. Resolved, That the brigadiers-general of this slate, 
when called into actual service, be allowed at the rate of eighty 
dollars per calendar month. 

The convention resumed the consideration of the letter from the 
honourable the president of the congress, and the resolutions of 
congress laid before them yesterday, and thereupon came to the 
following resolutions. 

Resolved, That if the honourable congress will specify any land 
belonging to the United States as a common stock to be divided 
amongst the soldiery in their service, the commissioners appointed 
by this convention to repair to the camps in New York and the 



Mr. Bowie, 
Sprigg, 
Marbury, 

Mr. Barnes, 
Plater, 
Hooe, 
Dent, 
Parnham, 
B. Mackall, 
Grahame, 
Fitzhugh, 
J. Mackall, 
B.Hall, 
Worthington, 
J. Hall, 
S. Chase, 
Carroll, 
J. Wilson, 



Mr. Stull, 

Gust. Scott. 



Mr. Gilpin, 
Ewing, 
D. Smith, 
Brevard, 
T. Smyth, 
Kent, 
Bruff, 

Edmondson, 
Mason, 
Johnson, 
Geo. Scott, 
Horsey, 
ChaiUe, 
Bishop. 



1776.] OF THE PROVINCE OF MARYLAND. 371 

Jerseys, immediately on its being made known to them proceed to 
the camps, and endeavor to enlist such of the troops and militia of 
this state now there, as are willing to enter into the continental 
service on the terms proposed by congress: or if the congress will 
not make such specification of the lands to be given as aforesaid, 
and will permit the enlistment of the quota of troops of this state 
on the terms proposed by this convention, that then the commis- 
sioner sproceed to the camps and endeavour to procure the anlist- 
ment of the troops according to the former resolutions of this con- 
vention, paying to each non-commissioned officer and private Avho 
shall enlist, the twenty dollars bounty allowed by congress, and the 
additional bounty often dollars proposed by the said resolutions of 
convention to be allowed by this state. But if the honourable con- 
gress will not specify the lands as aforesaid, and should signify a 
desire that the said additional bounty of ten dollars should not be 
given, that then the commissioners, with the permission of congress, 
proceed as aforesaid and endeavour to eflect the said enlistment on 
the bounty of twenty dollars allowed by congress ; but they are not 
to engage the faith of this state to give or make good any bounty 
of lands, or give any assurance whatsoever that they will have such 
bounty. 

Resolved, That Mr. President write to the congress, and inform 
them, that this convention feel themselves very unhappy that there 
should have been any, the least, difference of opinion between 
them ; and as desired have reconsidered their former resolutions 
for raising the quota of troops of this state, and on a very deliber- 
ate and attentive consideration of the subject have come to the re- 
solutions of this day, which the president is requested to enclose. 

That this convention never apprehended that the congress intend^ 
ed this state should be obliged in its individual capacity to make 
good the bounty of lands to the soldiery, but were of opinion and 
remain firmly persuaded that if the bounty in land should, by au- 
thority of this state, be proposed as a motive to induce the individ- 
uals of its quota to enlist, this state will be bound in good faith to 
see that bounty eftectually granted ; and therefore as this state has 
no lands belonging solely and exclusively to itself, with which to 
make good the bounty, it is not only prudent, but necessary, before 
they do an act which will engage the faith of the state, to know 
what land is to be applied, and on what terms, to the designed pur- 
pose. 

That this convention are under the strongest impressions that 
the back lands claimed by the British crown, if secured by the blood 
and treasure of all, ought in reason, justice, and policy, to be con- 



372 PROCEEDINGS OF THE CONVENTION [1776. 

Bidered as a common stock, to be parcelled out by congress into 
free, convenient, and independent governments, as the wisdom of 
that body shall hereafter direct ; but if these (the only lands as this 
convention apprehend that can) should be provided by congress at 
the expense of the United States to make good the proffered boun- 
ties, every idea of their being a common stock must be thereby giv- 
en up : some of the states may, by fixing their own price on the land, 
pay off what of their quota of the public debt they please, and have 
their extensive territory settled by the soldiery of the other states, 
whilst this state and a few others must be so weakened and im- 
poverished, that they can hold their liberties only at the will of 
their powerful neighbours. 

That this state is so far from having an intention to increase un- 
necessarily the expense of the United States, that it hath uniform- 
ly given every evidence to the contrary; but ihis convention im- 
pressed with the indispensable necessity of establishing and keep- 
ing up a good army, at the same time that they could not be active 
in giving up a common right of the United States, or in rendering 
the freedom of their own precarious, determined to exert the only 
isafe means in their power to raise the quota of this state, nor can 
this convention yet see any possibility of injury to the comnion in- 
terest, from this state adopting the most effectual means to raise its 
own quota of troops of its own inhabitants partly, or even wholly, 
at its separate expense, 

That this convention have a strong disinclination to go into any 
discussion of the powers with which the congress is invested, being 
fully sensible that the general interest will not be promoted by either 
the congress affirming, or this convention denying the existence 
of a fulness of power in that honourable body; the best and only 
proper exercise of which can be in adopting the wisest measures for 
equally securing the rights and liberties of each of the United States, 
which was the principle of their union. 

That this convention, very sincerely disposed to contribute every 
thing in their power towards the common cause, will, if the con- 
gress choose neither to specify the lands to be given in bounties, 
nor to permit this state to give the proposed additional bounty of 
ten dollars, endeavour to enlist its quota of troops on the twenty 
dollars bounty allowed by congress, but if the event should prove a, 
disappointment, it cannot be imputed to this state. 

That this convention request the honourable congress soon to 
signify their pleasure in this matter to the commissioners from 
this state now attending in Philadelphia, that the little time left 
may not be lost. 



1776.J OF THE PROVINCE OF MARYLANt). 57^ 

On motion of Mr. Johnson, Resolved, That those of captairi 
Richard Smith's Company who will hot re-enlist in the artillery ser- 
vice of this state be discharged. 

Mr. S. Wright brings in and delivers to Mr. President a report 
from the committee appointed to enquire into the truth of the facts 
set forth in the memorial of captain Williani Stone, which was 
read, and after some timd spent in considering the same, the further 
consideration thereof was postponed, at the request of captain 
Stone, till the first meeting of the general assembly. 

The order of the day for taking into consideration the letter from 
the president of congress of the second of October last being readj 
the same was referred till to-morrow. 

Convention adjourns till to-morrow morning, 9 o'clock. 

SUNDAY, November 10, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Gibson. The proceedings of yesterday were read. 

On motion of Mr. S. Wright, the question was put, That a com- 
mittee be appointed to revise the declaration of rights and the foriil 
of government, and that the same be read in the house and signed 
by the president before the rising of this convention, and that the 
said committee correct language and report to the house any in- 
consistencies they may discover therein ? Carried ill the negative; 

The order of the day for taking into consideration the letter from 
the president of Congress of the 2d of October last, being read, 
the convention took the same into consideration, and thereupon 
Resolved, That the honorable Matthew Tilghman, Esq. and Tho- 
mas Johnson, junr., William Paca, Thomas Stone, Samuel Chase, 
Benjamin Runrtsey, and Charles Carroll, barrister, Esquires, or any 
thr^e or more of them, be delegates to represent this state in con- 
gress until the first day of March next, or until the general assem- 
bly shall make further order therein ; and that the said delegates, or 
any three or more of them, be authorised and empowered to con- 
cur tyith the other United States, or a majority of them, in forming 
a confederation, and in making foreign alliances, provided that 
such confederation, when formed, be not binding upon this state 
without the assent of the general assernbly; and the said delegates, 
OT any three or more of them, are also authorised and empowered 
to concur in any measures which may be resolved on by congress 
for carrying on the war with Great Britain, and securing the liber- 
ties of the United States, reserving always to this state the sole and 
exclusive right of regulating the internal police thereof. 

And the said delegates, or any three or more of them, are here- 



374 PROCEEDINGS OF THE CONVENTION [ittS; 

by authorised and empowered, notwithstanding any measures here* 
lofore taken, to concur with the congress, or a majority of them, in 
accommodating our unhappy differences with Great Britain, on 
such terms as the congress, or a majority of them, shall think 
proper. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. JMr. H. Wilson and Mr. Ringgold appeared 
in the house. 

On motion. Resolved, That no civil officer or delegate to con* 
grass be appointed, unless there sliall be a majority of the members 
present in his favor. 

The convention proceeded to ballot for a council of safety, and 
John Hall, George Plater, Daniel of Saint Thomas Jenifer, Brice 
Thomas Beale Worthington, Charles Grahame, Joseph Nicholson, 
Nicholas Thomas, William Rumsey, and James Tilghman, Esqrs., 
Were elected. 

Convention adjourns till to-morrow morning, 9 o'clock. 

MONDAY, November 11, 1776. 

Convention met. All members present as on yesterday, except 
Mr. Fenwick, Mr. B. Mackall, Mr. Gust. Scott, and Mr. Geo. Scott. 
The proceedings of yesterday were read. 

On motion of Mr. Parnham, Resolved, That a committee of ob- 
servation for each county in this state be elected by ballot on Mon- 
day the 24th instant; that the number for each county be the same 
as heretofore directed ; that the judges appointed for the election 
of electors of the senate be judges of the said election, and the 
qualification of voters the same as for delegates to the house of 
deleo-ates. That the said committees, at their first meeting after 
the election, proceed to the choice of committees for licensing 
suits, in the same manner as heretofore directed ; and that the above 
committees be invested with the powers given by this and former 
conventions, and continue to act till the tenth day of March next, 
or until the general assembly of this state shall make further order 
therein. 

The convention took into consideration the letter from the hon- 
ourable the president of the congress of the twelfth day of Octo- 
ber last, enclosing the resolutions of congress of the third and se- 
venth of the same month, relative to the establishment of a loan- 
office in each of the United Stales, and thereupon came to the fol- 
lowing resolutions: 
• That a loan-office be established in this state agreeable to the re- 



1776] OF THE PROVINCE OF MARYLAND. 375 

solve of congress., and that Mr. Thomas Harwood, jun. be appoint- 
ed commissioner, to superintend such loan-office in this state. 

That if any inhabitant of this state shall, after the first day of 
December next, within or without this state, or any person what- 
soever shall, within this state, after the said first day of December 
next, forge or counterfeit any of the certificates, bills, or notes of 
the continental loan-office, or alter the sum expressed in any of the 
said certificates, bills, or notes, or shall offer or cause to be offered 
in payment, any such counterfeit, forged, or altered certificate, bill, 
or note, knowing the same to be counterfeit, forged, or altered, and 
shall be thereof convicted by a petit jury, after a presentment by a 
grand jury, in the general court, or shall stand mute, or perempto- 
rily challenge above the number of twenty of the pannel, he shall 
suffer death as a felon, without benefit of clergy. 

Ordered, That copies of the above resolutions be transmitted by 
the clerk to the commissioners of the continental treasury. 

A petition from a number of the inhabitants of Baltimore coun- 
ty, praying to be relieved from the exorbitant and extraordinary 
charges of the magistrates, clerk, and sheriff" of said county, was 
read, and referred till the first meeting of the general assembly. 

On reading a letter from the chairman of the committee of ob- 
servation for Baltimore county, setting forth, that a great number 
of the people called methodist, pretending to be preachers, claim- 
ed an exemption from mustering under the exception made in favor 
of clergymen, and a certificate from the yearly conference, that a 
certain Nathan Perigo, who had been fined by the said committee 
for not enrolling in some company of militia, was a preacher of 
that denomination. Resolved, That the fine set upon the said Na- 
than Perigo by the committee of Baltimore county, aforesaid, be 
remitted. 

On motion. Resolved, That all petitions, applications and reports, 
to convention this present session, and all petitions, applications 
and reports, in all former sessions, whereon no final order hath been 
or shall be made, be referred to the general assembly. 

Whereas the detaining in custody debtors who are willing to de- 
liver up their estates to the use of their creditors, can be of no 
benefit to individuals, and may be prejudicial to the community, 
Resolved, Therefore, that the justices of the several counties in this 
state, are hereby authorised and empowered to release all debtors 
in their several jails who may owe upwards of two hundred pounds 
sterling money, in the same manner and upon the same terms aa 
debtors may be released under the act of assembly; provided appli- 
cation be made by the several debtors, or such of them as may be 
48 



376 PROCEEDINGS OF THE CONVENTION [1776. 

desirous of being released, on or before the first day of January 
next. 

Mr. Horsey and Mr. Dickinson have leave of absence. 

Adjourned till 3 o'clock. 

POST MERIDIEM. 

Convention met. 

On motion of Mr. J. Hall, Resolved, That (he council of safety 
be empowered to draw for a sum not exceeding ten thousand 
pounds, of the bills of credit now remaining in the hands of the 
treasurer of the eastern shore, appropriated to the calling in and 
cancelling the bills of credit issued by the convention in July se- 
venteen hundred and seventy-five, and that they apply the same, or 
any part thereof, to the use of the public, as occasion may require, 
and that the same be re-placed in the treasury out of the new emis- 
sion ordered by this Convention. And further Resolved, That in 
case the new emission should be delayed, by not getting paper, or 
otherwise, so as to make it necessary, the council of safety be em- 
powered to borrow, of such persons who are willing to lend, a fur- 
ther sum of money, not exceeding twenty thousand pounds, to an- 
swer the demands that may be made on them for public expenses, 
or on the treasurers for money to be exchanged according to former 
resolves, to be repaid out of the said new emission. 

Mr. Worthington brings in and delivers to Mr. President a re- 
port from the committee appointed to examine the claims upon 
the treasury, which was read in the following words, to wit: 

"By the committee appointed to examine the claims upon the 
treasury. 

" In obedience to the order of the honorable convention, your 
committee have examined the accounts of the treasurers of the west- 
ern and eastern shores, and compared the payments made by them 
with tiie vouchers, and find by account settled the thirty-first of 
August a balance remaining in the hands of Wilham Hindman, 
treasurer of the eastern shore, in notes of credit to the amount of 
seventeen thousand four hundred and seventy-seven pounds ten 
shillings and ten pence; and by account settled to the ninth of No- 
vember, a balance remaining in the hands of Thomas Harwood, 
treasurer of the western shore, to the amount of seventeen thou- 
sand seven hundred and twenty-four pounds six shillings and seven 
pence, of which last sum there appears to have been paid to him, 
nine thousand six hundred and twenty-five pounds by the treasurer 
of the eastern shore since the settlement of the account with him. 

"Your committee have, during the sitting of this convention. 



1776.] OF THE PROVINCE OF MARYLAND. 377 

counted and burnt bills of credit emitted by the resolutions of the 
convention in July one thousand seven hundred and seventy-five, 
which have been exchanged by the western shore treasurer of this 
state for bills of credit emitted by resolutions of the convention in 
December last, to the amount of twenty-three thousand one hun- 
dred and twenty-two pounds seventeen shillings and six pence; 
and also bills of credit exchanged by the treasurer of the eastern 
shore to the amount of five thousand eight hundred and thirty 
pounds fifteen shillings. It appears to your committee, that the 
committee of claims in June last burnt the sum of six thousand 
seven hundred and twenty-nine pounds twelve shillings and six 
pence exchanged by the treasurer of the western shore, and also 
the sum of three thousand six hundred and seventy-seven pounds 
exchanged by the treasurer of the eastern shore, and there appears 
to be in the hands of the treaslirer of the western shore the sum of 
one hundred and forty-seven pounds ten shillings, subject to the de- 
mands of the holders of the bills of credit emitted in July seven- 
teen hundred and seventy-five, and in the hands of the treasurer of 
the eastern shore the sum of fifteen thousand four hundred and 
ninety-two pounds five shillings, subject to the demands of the hold- 
ers of said bills of credit. 

" Your committee herewith lay before the convention the jour- 
nal of accounts together with the accounts settled with the treasu- 
rers of the western and eastern shores respectively. 

"All which is humbly submitted to the honorable convention. 
"Signed by order of the committee, 

NICH. HAmVOOD, Cl'k." 

The journal of accounts was read and assented to. 

Ordered, That the treasurer of the western shore pay the several 
claims allowed in the same. 

Mr. Grahame informs the convention that his bad state of health 
will not permit him to attend his duty as a member of the council 
of safety, and therefore begs leave to resign, and resigns accord- 
ingly. Thereupon the convention proceeded to the choice of ano- 
ther in his stead, and Thomas Contee, Esq. was elected. 

Resolved, That the declaration of rights and the constitution and 
form of government be immediately printed, and that twenty-two 
copies be immediately sent to each of the counties by express, three 
of which copies for each of the delegates of this convention, two 
of the said copies for each of the judges appointed to hold the next 
elections, and two of the said copies for each of the persons who 
shall be chosen an elector of the senate ; and that as soon as con- 
veniently may be, the journal of the proceedings of this Conven- 



378 PROCEEDINGS OF THE CONVENTION. [1770. 

tion be printed, and two copies be transmitted to each of the mem- 
bers of this convention. 

Resolved, That this convention adjourn to the twenty-eighth day 
of this instant, and the council of safety may, if they think proper, 
call the convention to meet before that day. And that the said 
council of safety be and are fully empowered to take and pursue all 
measures that they shall think necessary or proper for raising, com- 
pleting, and equipping the eight battalions resolved by this conven- 
tion to be raised for the continental service, agreeable to the re- 
solves of this convention. 

Signed by order of the Convention, 

MATTHEW TILGHMAN, President. 
True copy, 
G. DuvALL, clerk. 






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